ESHWARI MANAGEMENT SERVICES AGREEMENT

This Management Services Agreement (the “Agreement”) is made on this 01 st day of JULY 2018
(“Effective Date”) by and between

M/s RADIANT SILVER BELL 2 OWNER’S WELFARE ACCOCIATION located

Which expression shall include its successors and assigns. Represented by bits

___________________(Designation),_________________(Name),on the first part. AND

M/S Eshwari Management Services, located at #85, Ground floor, Friends layout, chinnappanahalli
main road, Doddanakundi, Banglore-560037, and Hereinafter referred to as the “Contractor”, which
expression shall include its successors and assigns, represented by its Managing Director [Link] on
the second part

WHEREAS, contractor is in the business of providing Security and housekeeping Service and
represented to the Apartment Association that it has the requisite skill and expertise to security and
housekeeping Services to furnish. Based on the representation made by the contractor, Apartment
Association hereby agrees to appoint the contractor for such service on the terms and conditions set
forth below;

NOW THIS AGREEMENT WITNESSTH AS UNDER

1. SCOPE OF WORK (“SERVICE”)

The scope of services under this agreement would be to provide manpower supply within the premises
of RADIANT SILVER BELL 2 WELFARE ASSOCIATION

Located at sadaramangala village, K.R. puram hobli , Banglore-560067, by providing requisite personnel
to carry out the Estate Manager Services throughout the period of agreement as stipulated in the
agreement.

The contractor will prime responsible for making the property up to standards and providing quality
services. The contractor services will be subject to quality review in every three months. The detained
job profile of each staff will be shared by the RADIANT SILVER BELL 2 OWNER’S WELFARE
ASSOCIATION and it should be mutually agreed and association responsible for ensuring all such
activities for the betterment of the society.
2. CONTRACTER GENERAL DUTIES
The contractor will provide a visiting field officer for the direct supervision of contractor’s staff
working at the Premises. Field officers furnished to the association pursuant to this agreement shall
be available at reasonable times for consolation with the association or designated representatives
regarding the services rendered or to be rendered under this agreement. Contractor’s staff
working under this agreement shall confirm to such duties and responsibilities and shall perform

such other duties as may be mutually agreed upon in writing form time to time by contractor and
the Association. The contractor shall comply with all the directions and. Instructions concerning to
the Estate Manager Service arrangements, which may be given by the association from time to time.

[Link] OF AGREEMENT
The contract period shall be for a period of Eleven months commencing from 01 st October 2017, and is
valid till 01st JULY 2018, subject to the provision of satisfactory ,the association shall be free to
terminate the agreement by giving 30 days’ notice if the Services of the contractor are not found
satisfactory .The agreement period can be extended further on mutual consent.

4. RELATIONSHIP BETWEEN PARTIES

i. The relationship of contractor and the Association shall be that of an independent contractor.

ii. It is expressly understand that the personnel provided by the Contractor to perform the services as
set out in this agreement hereinafter “Contractor staff” are the employees of the Contractor and not
of the Association and all the liabilities on account of the said contractor staff will be of the contractor
and not of their employment and conduct , including evaluation and the resolution of complaints and
grievances .Any Contractor Staff to be over taken by the Association on their Payroll will not be
permitted without the acceptance of the Contractor .

iii. The contractor shall be responsible for strict compliance of all the applicable laws and statues any
damages, penalties, claims levied on the Agreement for the laxities on the part of contractor in the
observance of such rules while providing such services, shall be recovered from the contractor.

5 .LICENSES / REGISTRATION/ PERMISSION / APPROVALS /

INSURANCE/CERTIFICATION
i .The contractor and the contractors staff and all others acting under the contractors direction and
control, shall obtain all necessary licenses ,registrations ,permissions, approvals ,insurance ,certifications
background and screening costs are the sole responsibility of contractor .But the Association shall obtain
all necessary licenses ,registration , permissions ,approvals ,insurance ,certifications related to the
housing complex from time to time by the various Government Agencies .

ii . Throughout the term of this agreement ,contractor shall posses valid

licenses ,registration ,permissions ,that the applicable laws may require .Potential for
suspension ,revocation or limitation of the licenses ,registrations ,permission ,approvals ,insurance and
certifications must reported to the Association within ten(10) days of notice from any government or
authorized contractor.
6. STANDARDS OF CONDUCT
i .The contractor’s staff meet high standards of appearance and demeanor, and shall at all times treat
employees, contractors of the Association with the utmost courtesy and respect, as is appropriate to the
environment of the association.
ii. No contractor staff will report to duty under the influence of alcohol or drugs. If any damages are
incurred by the Association due to any act or omission of contractor staff, these will be fully
compensated by the [Link] .I the association reports that any of character staff is unsuitable or
unfit for providing the services, subsequent to the commencement of services, the said contractor staff
shall not be allowed to continue work and the contractor will immediately provide a replacement in
accordance with the terms of this agreement
IV .it is responsibility of the association to provide safety equipment gadgets to all its workers engaged
in the execution of the work at their own cost. The contractor or its staff has no claim whatsoever on the
association in case of any mishaps while performing their duties.

7. STAFFING
The contractor will be at liberty to transfer any of the contractor staff based on guidelines mutually
decided. No person may be assigned to work at the Association alone without first successfully
demonstrating a comprehensive knowledge of the job function and responsibilities.

8. CONSIDETRATION AND METHOD OF PAYMENT

The consideration for rendering the services shall be payable to the contractor by the Association in
accordance with the rates specified in Annexure-I annexed.
The contractor shall submit a monthly invoice- 1 st day of every month of services rendered in the
preceding month accordance with the terms and condition of this agreement. The invoice and relevant
documentation shall be mailed or delivered to such office as directed by the association and shall be
payable by the Association at the address specified on the invoice 5 days of receipt of the invoice
Invoice shall be verified against the attendance of all the staffs. Any deviation would be adjusted while
releasing the payment.

9. USE OF THE APARTMENT MANAGEMENT NAME

Contractor shall not, without the Association prior written approval, publish or use any advertisement,
sales promotion or publicity relating to services, equipment, products, reports, and material furnished
by contractor wherein the name or identity of the company is mentioned implied

10. FORCE MAJEURE

’FORCE MAJEURE’’ as used in this clause shall mean act of God, of the public enemy, war, block age,
public riot, lighting fire, flood, earth quake, explosion, government restraint, strikes, lockouts or any
other cause, whether of the kind specifically enumerated above or otherwise, which is not reasonably
within the control of the party claiming suspension of those services enumerated in this agreement
If either party is rendered unable, in whole or in part, by force majeure to carry out its obligations under
this Agreement, such party shall give to the other party prompt written notice of the force majeure with
reasonably full particulars concerning it; thereupon, the obligations of the party giving notice, so far as
they were affected by the force majeure, shall be suspended during, but no longer than, the
continuance of the force majeure. The affected party shall use all possible diligence to remove the force
majeure as quickly as possible. In the event contractor is unable to carry out its obligations under this
agreement, the association may upon thirty (30) days written notice cancel this agreement in whole or
part without any obligations or liability to the contractor.

11. PROVIDING DUE NOTICE

All logs, incident and reports shall be completed and submitted by contractor to the association in
accordance with the schedule as set forth by the association. The contractor shall provide the

Association with adequate notice of hazards, safety violations or other conditions that warrant as unsafe
condition, as may be discovered by contractor staff so the association may take appropriate action in an
expeditious manner.

12. TERMINATION OF AGREEMENT

The association shall have right to terminate this agreement in it’s entirely without cause at any time by
giving contractor. Thirty (30) days written notice of such cancellation or termination. In the event of any
cancellation or termination of this agreement, the compensation provisions herein specified shall apply
for all services, performed up to the date of cancellation. The contractor may terminate this agreement
in it’s entirely without cause at any time by giving the association. Thirty (30) days written notice of such
cancellation termination.

Either party may terminate this agreement upon written notice in the event of a material breach by the
other party of any provision of this agreement which the other party does not remedy within 15 days of
notice of such breach or, if such breach shall be incapable of remedy, shall offer adequate compensation
thereof. Notwithstanding, the association may terminate this agreement immediately upon written
notice in the event of a strike or other labor disturbance against contractor by contractor staff, or
contractor fails of a strike or other labour coverage in accordance with the applicable laws.

13. GOVERNING LAW AND ARBITRATION

[Link] governing law of this agreement shall be the laws of Bangalore, state of Karnataka, India.

[Link] any dispute(s) or differences (s) of any kind whatsoever shall arise between the parties in connection
with or arising out of this agreement and whether before or after the termination or Breach of this
agreement, the parties shall promptly and on good faith negotiate with a view to its amicable resolution
and settlement.

3. $$$
4. The existence of any dispute of difference or the initiation or continuance of the arbitration
proceeding shall not postpone or delay. The performance by the parties of their respective
obligations pursuant to this agreement . The parties agree that the venue of such arbitration
proceedings shall be at Bangalore ,India.

5. The language of the arbitration shall be in English.

14. ENTIRE ARGEEMENT ; AMENDMENTS

This agreement including the appendices attached hereto , sets forth the entire agreement and
understanding of the parties with respect to the subject matter hereof ,and supersedes all prior oral
and written agreements , understandings ,representations ,conditions and all other communications
relating thereto .
The clauses of this agreement may not be altered ,modified or amended ,expect in writing and
properly executed by contractor and the Association .Any purchase order or similar document issued
by the Association simultaneously with or subsequent to this agreement , and related to the subject
matter to this agreement, shall be subject to and governed by the terms and conditions hereof which
shall supersede any conflicting terms or condition of such purchase order or similar document.

[Link]
Each property has full power and authority to enter and agreement, and the person signing this
agreement on behalf of each party has been properly authorized and empowered to enter into this
agreement. Each party further acknowledgement that is has read this agreement, understands it, and
agrees to be bound by it.

[Link] TERMS AND CONDITION

NOTICE
Any notice required to be given hereunder by either party to the other shall be in writing and may be
given either personally or email or per-paid mail or by courier service to the addresses first above
written.
Any such notice shall be deemed to have been effectively given, if sent by mail, after 10 days from the
date on which, in the ordinary course of events, I would have been delivered and, if given by Email, upon
transmission or confirmation of receipt.
REMEDIES AND WAIVERS
The failure of the parties to exercise any right hereunder shall constitute waiver of such right, except
when legislation concerning limitation of provides otherwise.

SALVADORAIAN CLAUSE
Should any condition of this agreement be become invalid, such invalidity shall not affect the validity of
the agreement as a whole. In such parties will replace invalid provisions by mutual consent with another
or similar provisions which is a legally permissible equivalent.

DISCIPLINARY MEASURES OF STAFF

All the staff deployed in the campus should follow the Association rules strictly. The staff should not
carry out any other work other than the job profile assigned to him/her. The staff should not use any
kind of tobacco or alcohols or any prohibited products while on duty. The staff should respect all other
staffs and employees in the campus at the same time, empowered to execute his/her duties within the
defined scope of work/profile.

RADIANT SILVER BELL 2

OWNER’S welfare ASSOCIATION (“Management”) Eshwari Management Services
(“Contractor”)

By: By: _____________________________

Name: Name:
Title: Title:
Date: Date:
By:____________________________
By: ___________________________
Name: Name:
Title: Title:
Date: Date:

ANNEXURE-I-CONSIDERATION BREAKUP
 1 SECURITY SERVICES 3 11,000/- 33,000/-

2 HOUSEKEEPING 3 9,000/- 27,000/-

SERVICES

Please Note:
 GST (18%) Excluding in the total amount.
 Service charges (15%) Excluding in the total amount.
 It is the responsibility of the contractor of to pay their staff with all the benefits on or
before of 10th of every month.
 Our staff is entitle for a 8 hours of duty&1hour lunch time starting from 9:00am to 5:00pm,
(1:00 pm to 2:00 pm Lunch hours), Timing above the work hours will be considered as over
Time and association is liable to pay the same.
 Our staff is entitled for all Government Holidays.
 Association is liable to reconcile and pay according to their attendance to the contract staff.
 Cheque should be issued within 5th of every month.
 Only cheque payment is accepted & in the name of “ESHWARI MANAGEMENT SERVICES” Only
 Weekly one day is paid holiday.

LEAVES AND HOLIDAYS OF STAFF:

A) The Sick Leave can be taken one day in a month by intimation, that leave should be compensated
with the weekly off and the Doctor Certificate to be produced to the Association and in any emergency
cases like admission in Hospital or so, 2 or 3 days will be considered, depending upon the disease and
the doctor’s advice.

LIST OF HOLIDAYS
 1. Sankranthi
2. mayday
3. Good Friday
4. Ganesha Festival
5. Dassara
6. Diwali
7. Christmas
8. Ugadi

The Holidays will be the paid holidays where the Association is liable to pay the same.