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HOUSEKEEPING SERVICE AGREEMENT

HOUSEKEEPING SERVICE AGREEMENT

This Housekeeping service Agreement (hereinafter referred to as the “Agreement”) is made on [DATE ON WHICH THE AGREEMENT COMES INTO FORCE] (hereinafter referred to as the “Effective Date”) between:

[INSERT NAME OF THE CLIENT], residing at [INSERT ADDRESS OF THE CLIENT] (hereinafter referred to as the “Client” which expression shall, unless repugnant to the context or meaning thereof, means and includes its legal representatives, executors, administrators and permitted assigns); and 

[INSERT NAME OF THE SERVICE PROVIDER], residing at [INSERT ADDRESS OF THE SERVICE PROVIDER] (hereinafter referred to as the “Service Provider” which expression shall, unless repugnant to the context or meaning thereof, means and includes its legal representatives, executors, administrators and permitted assigns).

The “Client” and the “Service provider” shall be referred to as “Parties” and individually as a “Party”.

WHEREAS

  1. The Service Provider is engaged in providing professional housekeeping services.
  2. The Service Provider possesses the necessary skills, expertise, to provide the requested services.
  3. The Client desires to engage the services of the Service provider for completion of certain work as agreed upon by the parties.
  4. The Client and Service Provider mutually agree to the terms and conditions outlined in this Agreement, which governs the working relationship between the parties.
  5. The parties are duly authorized and have the capacity to enter into this agreement.
  6. Both the parties affirm to understand the provisions contained herein and in case either party requires clarification as to one or more provisions, either party has had the right to seek clarifications or sought legal guidance.

NOW, THEREFORE, in consideration of the mutual promises contained herein and intending to, be legally bound, the Parties have agreed as follows:

  1. DEFINITIONS
    1. “Service Provider” shall mean an individual who is engaged in providing certain housekeeping services.
    2. “Client” shall mean an individual who hires the Service Provider for housekeeping services.
    3. Confidential Information" means any non-public information, data, documentation, trade secrets, know-how, or any other information disclosed by one party to the other party in connection with this agreement , whether in written, oral, electronic, or any other form, and identified as confidential or which the Parties should reasonably understand to be confidential.
    4. “Intellectual Property” refers to any patents, trademarks, service marks ,trade names, copyright, trade secrets, know-how or other intellectual property rights, applications ,registrations mentioned in this agreement thereof.
  2. TERM AND TERMINATION
    1. The term shall commence on the effective date hereof and shall continue for a period of [ INSERT TERM OF THE AGREEMENT], unless terminated earlier or extended as per the terms of this agreement.
    2. Notwithstanding any other provisions herein contained, and without prejudice to any other rights, either party shall have the right to terminate the present Agreement by giving the other party a written notice of [INSERT NOTICE PERIOD FOR TERMINATION OF THE AGREEMENT] days.
  3. SCOPE OF WORK
    1. The Service Provider agrees to perform the housekeeping services mentioned in Exhibit-A.
    2. The Client acknowledges that the scope of service may be adjusted by mutual agreement in writing.
    3. The Service Provider is committed to providing high-quality services in accordance with industry standards and as per Client’s Specific requirements.
    4. Any additional services requested by the Client shall be agreed upon in writing by both the parties and may incur extra charge.
  4. PAYMENT
    1. The Client shall pay a maximum total of [INSERT AMOUNT PAYABLE FOR THE SERVICES] plus any other taxes imposed by any federal, state or local government and any other amounts owed under this Agreement to the Service Provider after the Completion of the work.
    2. Payment for services shall be made on a [INSERT THE PAYMENT SCHEDULE FOR THE SERVICES] basis as mutually agreed upon by the parties.. All payments made to the Service Provider under this Agreement must be in [INSERT FIAT CURRENCY].
    3. Refunds for services that have been completed and performed satisfactorily are generally not provided. In the event of dissatisfaction, the Service Provider will make reasonable efforts to address and resolve the issue.
    4. The Client agrees to adhere to the specified payment terms and understands that failure to make timely payments may result in the suspension or termination of services.
  5. SUPPLIES AND EQUIPMENTS
    1. The Client shall provide their own cleaning equipments, such as vacuums, mops and brooms and other tools required for the efficient and effective completion of services.
    2. The Service Provider shall take care to minimize any disruption to the Client’s premises while using the supplies and equipment, ensuring that they are used efficiently and without causing damage.
    3. The Service provider agrees to maintain the quality and functionality of the supplies and equipment throughout the duration of the agreement.
  6. ACCESS TO PREMISES
    1. The Client agrees to provide the Service Provider with access to the premises at the scheduled time [INSERT TIMINGS THE SERVICE PROVIDER WILL GET ACCESS TO THE PREMISIS] for the purpose of performing the housekeeping services outlined in this agreement.
  7. SERVICE PROVIDER’S OBLIGATION
    1. The Service Provider shall diligently and professionally in good-faith perform the housekeeping services as mentioned in Exhibit-A, attached hereto and forms an integral part of this agreement.
    2. The Service Provider shall exercise due-care and skill in executing the tasks and adhere to industry best practices. The Service Provider will not take any training from the Client on how to perform the services.
    3. The Service Provider shall arrive at the Client's premises at the agreed-upon times to commence services. In the event of any delay, the Service Provider shall notify the Client promptly and provide an estimated arrival time. The Service Provider shall treat the Client's premises and personal belongings with utmost respect and care. 
    4. The Service Provider shall keep a record of all the services performed and provide such documentation to the Client upon request.
    5. The Service Provider shall not disclose any confidential information of the Client to any third-party without the prior permission of the Client.
  8. REPRESENTATION AND WARRANTIES
    1. Both Client and Service Provider represent and warrant that each Party has full power, authority and right to execute and deliver this Agreement, has full power and authority to perform its obligations under this Agreement, and has taken all necessary action to authorize the execution and delivery of this Agreement. No other consents are necessary to enter into or perform this Agreement.
    2. Service Provider represents and warrants that it has all the necessary licenses, permits and registrations, if any, required to perform the Services under this Agreement in accordance with applicable federal, state and local laws, rules and regulations and that it will perform the Services according to the Client’s guidelines and specifications and with the standard of care prevailing in the industry.
  9. CONFIDENTIALITY
    1. The Service Provider agrees to maintain the confidentiality of any and all confidential information received from the Client in the course of providing housekeeping services. The Service Provider shall not disclose, share, or use any confidential information for any purpose other than the performance of services under this agreement without the prior written consent of the Client. This confidentiality obligation shall remain in effect both during the term of this agreement and thereafter, indefinitely.
  10. INDEMNIFICATION
    1. Any material breach of this Agreement, or the negligence or willful misconduct of either party, the other party shall indemnify the other party and hold the other party harmless from and against any judgment, damage, liability, or expenses, including reasonable attorney’s fees, arising out of any claim with respect to the breach or alleged breach of such warranty of this agreement or such negligence or willful misconduct; provided that the other party shall have had sole control of the defense of any such action and all negotiations for its settlement or compromise; and, provided further, that no cost or expense shall be incurred for the account of the other party without its prior written consent.
  11. FORCE MAJEURE
    1. Neither party shall be held liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is caused by events beyond the reasonable control of the affected party, including but not limited to acts of God, natural disasters (e.g., floods, earthquakes, hurricanes), war, terrorism, riots, labour strikes, governmental actions, epidemics or pandemics, power outages, or other similar events ("Force Majeure Events").The affected party shall promptly notify the other party in writing of the occurrence of a Force Majeure Event, providing reasonable details of the event, its expected duration, and the steps being taken to mitigate its impact. Failure to provide timely notice may result in the affected party forfeiting its rights under this clause. If a Force Majeure Event continues for a period exceeding [INSERT THE NUMBER OF DAYS CONSTITUTING PERIOD EXCEEDING WHICH, IF THE FORCE MAJEURE CONTINUES, EITHER PARTY MAY TERMINATE THE AGREEMENT] days, either party may terminate this Agreement upon written notice to the other party without further liability, except for obligations accrued prior to the Force Majeure Event.
  12. APPLICABLE LAW
    1. This Agreement shall be governed by and constructed in accordance with the Laws, rules, orders and regulations of [INSERT THE COUNTRY/STATE OF APPLICABLE LAWS] .
    2. The Parties shall resolve all disputes in connection with the validity or interpretation of this Agreement, unless otherwise expressly stated in the Agreement, in the following manner: 
    3. By direct negotiations between the Owner and Client. 
    4. If negotiations between the parties are unsuccessful, the matter shall be referred to the competent court sitting at [INSERT THE PLACE OF THE COURT WHICH SHALL HAVE EXCLUSIVE JURISDICTION IN CASE OF UNSUCCESSFUL NEGOTIATION]] which shall have exclusive jurisdiction in all matters arising there from unless otherwise agreed between the Parties in writing.
  13. NOTICES
    1. Any notice, request, demand, consent or other communication required or permitted under this Agreement shall be in writing and sent either via email on the email address as provided by the parties and shall be considered sent when the email is sent to the correct email address of the party or shall be given by personal delivery (including courier) by certified mail (confirmed by mail) addressed to the party for which it is intended at the address below and shall be deemed to be given on the day of delivery or transmission if within during normal business hours, or, if after business hours, on the next following Business Day, or if mailed by registered or certified mail, on the day which is seven (7) Business Days after such notice is mailed during normal postal conditions.  In the event of a postal disruption, any notice mailed will be deemed received on the seventh (7th) Business Day following resumption of regular postal service:
      1. If to the Service Provider: [EMAIL ID OR/AND ADDRESS OF SERVICE PROVIDER]
      2. If to the Client: [EMAIL ID OR/AND ADDRESS OF CLIENT]
    2. Either party may change its address/email address for notices and other communications upon notice to the other party in the manner aforesaid.
  14. DISPUTE RESOLUTION
    1. The Parties shall endeavor to resolve any differences of opinion which may arise between them with respect to the provisions of this Agreement by negotiation between themselves personally or with the assistance of their attorneys and unless in the opinion of any party, acting reasonably, the matter in dispute is of such significant nature to warrant it being addressed otherwise, no party shall commence any public proceedings until the negotiations have failed to produce a resolution. In furtherance of the provisions of this paragraph, all Parties hereby agree to make themselves available on short notice and to negotiate promptly and in good faith, any matter any party may wish to negotiate.
    2. All disputes arising under this agreement shall be governed by and interpreted in accordance with the Arbitration laws of [INSERT COUNTRY/STATE OF ARBITRATION] , without regard to principles of conflict of laws. The parties to this agreement will submit all disputes arising under this Agreement to Arbitration in [INSERT COUNTRY/STATE OF ARBITRATION] before a single arbitrator .The arbitrator shall be selected by mutual agreement of the parties. The venue of Arbitration proceedings shall be [INSERT NAME OF COUNTRY AND CITY WHERE ARBITRATION SHALL BE CONDUCTED] No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section.The decision of the Arbitrator shall be final and binding upon the parties.
  15. MISCELLANEOUS
    1. Modifications: Except as otherwise provided herein this Agreement shall not be amended or otherwise modified unless the modification or amendment is done in writing, signed and has been mutually agreed by both the parties.
    2. Language: The language of all communications between the parties pursuant to this Agreement, including notices and reports, will be the English.
    3. Severability: If any provision of this Agreement shall, to any extent, be held to be invalid or unenforceable, it shall be deemed to be separate and severable from the remaining provisions of this Agreement, which shall remain in full force and effect and be binding as though the invalid or unenforceable provision had not been included.
    4. Entire agreement: This agreement along with all the Exhibits constitutes the entire understanding and agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties. This Agreement may be executed in identical duplicate counterparts, each of which shall be deemed an original, and both of which together shall constitute one and the same instrument. 
    5. No Waiver: Any failure or delay of any Party hereto in exercising any right or privilege with respect to this Agreement shall not be construed to be a waiver or to affect the validity of any part of the Agreement and shall not retrain any of the Parties to enforce any of the provisions of the Agreement.
    6. Amendments and Assignments:  Any amendments to this Agreement shall be made, only if, both Parties agree upon such amendment in writing. This Agreement shall not be assigned by either party without the express, written consent of the other party.
    7. Headings: The headings upon the various sections are solely for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of the provisions of this Agreement, nor shall such headings otherwise be given any legal effect.
  16. DECLARATION
    1. The parties hereby understand and expressly agree to the provisions laid down in the present agreement and in good faith, undertake that both parties shall follow the terms of this agreement in good conscience in order to secure better growth of both the Parties.

IN WITNESS WHEREOF, the parties, intending to be legally bound, have each executed this agreement as of the effective date.

Signed, sealed and delivered on behalf of Client

Name: [NAME OF SERVICE PROVIDER/SIGNING AUTHORITY AND DESIGNATION]

Signature:

Date: [SIGNING DATE OF CLIENT]

Signed, sealed and delivered on behalf of Service Provider

Name: [NAME OF SERVICE PROVIDER/SIGNING AUTHORITY AND DESIGNATION]

Signature:

Date: [SIGNING DATE OF SERVICE PROVIDER]

EXHIBIT-A

(DESCRIPTION OF SERVICES)

[INSERT DESCRIPTION OF THE SERVICES]