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PROFORALL Security Services & Consultancy Sdn.

Bhd
(1040773-W)

Dated ………………………….. 2023

SECURITY SERVICES AGREEMENT

BETWEEN

TABERNACLE OF WORSHIP (CHURCH)

LOT 37 JALAN HARUAN 8


OAKLAND INDUSTRIAL
PARK
70300 SEREMBAN
NEGERI SEMBILAN
DARUL KHUSUS

AND

PROFORALL SECURITY SERVICES &


CONSULTANCY SDN. BHD.

201301010936 (1040773-W)
NO. 44-1, JALAN SG. BURUNG AA32/AA,
SEKSYEN 32, BUKIT RIMAU,
40460 SHAH ALAM,
SELANGOR
DARUL EHSAN
SECURITY SERVICES AGREEMENT

AN AGREEMENT made the day, month and year stated in Section 1 of the First Schedule of this
Agreement.

BETWEEN

PROFORALL SECURITY SERVICES & CONSULTANCY SDN BHD 201301010936 (1040773-W),

a company incorporated in Malaysia and having its Head Office at No. 44-1, Jalan Sg. Burung AA32/AA,
Seksyen 32, Bukit Rimau, 40460 Shah Alam, Selangor Darul Ehsan (hereinafter referred to as “the Company”
which expression shall mean and include its successors-in-title or assigns) of the one part;

AND

The party whose name and description is stated in Section 3 of the First Schedule (hereinafter referred to
as “the Customer” which expression shall mean and include its successors-in-title or assigns) of the other
part.

The Company and the Customer shall collectively be referred to as “Parties” and any one of them as
“Party” as the context may require.

WHEREAS: -

A. The Company is doing business of providing safety, surveillance and security services, providing
well managed and trained guard force strictly adhering to safety standards and norms.

B. The Customer hereby engages the Company and the Company hereby accepts such engagement to
provide certain security guards and related services to the Customer on the terms and conditions set
forth in this Agreement.

NOW IT IS HEREBY AGREED AS FOLLOWS:-

1. DEFINITIONS AND INTERPRETATIONS

1.1 Unless the context shall otherwise require, the following expressions wherever used in
this Agreement, shall have the following meanings:

“ Agreement ” means this Agreement entered into between the Company and the
Customer and includes all schedules hereto and any variation, amendment,
modification or extension thereof or supplement thereto made between
the parties hereto in writing from time to time in force;
“ Agreement Va lue ” means the value of this Agreement as stated in Section 8 of the First
Schedule in accordance with Clause 4.1
“Company” “Company” means PROFORALL SECURITY SERVICES &
CONSULTANCY SDN BHD 201301010936 (1040773-W), a company
incorporated in Malaysia and having its head office at No. 44-1, Jalan Sg.
Burung AA32/AA, Seksyen 32, Bukit Rimau, 40460 Shah Alam, Selangor
Darul Ehsan and includes its successors in title and assigns.

“Customer” means the party named and described in Section 3 of the First Schedule
and includes his legal representatives, heirs, successors in title and
permitted assigns.

“Customer’s means all that premises particularly described in Section 4 of the First
Premises” Schedule.

“Fixed Term” means the initial tenure of the Services herein and the same is stated in
Section 5(a) of the First Schedule.

“Force Majeure means the occurrence of any one or more of the following events: -
Event” Causes beyond the control including but not limited to act of God,
insurrection, state of war or hostilities (whether declared or not), military
operations, national or local emergency, acts or omission of government
or other governmental authorities, riot, civil commotion, general strike,
earthquake, landslide, tempest, lock-out, explosion, flood, inclement
weather, terrorism or sabotage, epidemic, act of foreign enemies,
rebellion, revolution and ionizing radiation and contamination by radio-
activity from any nuclear fuel, fire, lightning, subsidence, acts or
omissionof persons or bodies whom the Parties are not responsible for or
any othercause whether similar or dissimilar outside the Parties control.

“Monthly means the amount of money as stated in Section 7 of the First Schedule
Service
Charges” payable monthly by the Customer in accordance with sub-Clause 4.2.

“Probationa ry means the period of term as stated in Section 9 of the First Schedule in
Period” accordance to sub-Clause 3.3.

means the period of which the Service herein may be renewed or extended
“Renewal Term” pursuant to and subject to the provisions of sub-Clause 3.2 and the said
period is stated in Section 10 of the First Schedule, if applicable.
1.2 In this Agreement, unless there is something in the subject or context inconsistent with such
construction or unless it is otherwise expressly provided:

(a) words denoting the singular include where the context so admits the plural and vice versa;

(b) words of the masculine gender include where the context so admits the feminine and neuter genders
and vice versa;

(c) words denoting natural persons include where the context so admits corporations and firms and
vice versa and also includes their respective heirs, personal representatives, successors in title or
permitted assigns, as the case may be;

(d) any reference to a recital, sub-paragraph, paragraph, sub-clause, clause, schedule, appendix, annex,
or party, is to the relevant recital, sub-paragraph, paragraph, sub-clause, clause, appendix, annex or
party of, or to, this Agreement and any reference to this Agreement or any of the terms and
conditions hereof includes all amendments and modifications made to this Agreement from time to
time;

(e) where an act is required to be done within a specified number of periods after or from a specified
date, the period is inclusive of and begins to run from the date so specified;

(f) any reference to any statute or statutory provisions includes a reference to that statute or statutory
provisions and all statutory instruments or orders made pursuant to it, as from timeto time amended,
extended, re-enacted or consolidated;

(g) any reference to “law” shall be construed so as to include, without limitation, any Act,ordinance,
statutory or municipal, rule, regulation, ruling, decree or order enacted, issued or decreed by the
Parliament of Malaysia, the Government of Malaysia or any bureau, minister, agency, court,
regulatory body, authority, legislative body or department thereof; and

(h) where the context so requires, the words “hereof”, “herein”, “hereto”, “hereunder” wherever used
shall refer to this Agreement as a whole and not to any particular provision only.

1.3 The table of contents, headings and sub-headings in this Agreement are inserted merely for
convenience of reference only and shall be ignored in the interpretation and construction of any of the
terms and conditions herein contained.

1.4 The Recitals and Schedules to this Agreement shall have effect and be construed as an integral part of
this Agreement. In the event of any discrepancy or inconsistency between this Agreement and the
Schedule, the Schedule to this Agreement shall prevail but only to the extent of conflict or
inconsistency.
2. SECURITY SERVICES

2.1 The Company shall provide for the Customer and the Customer hereby accepts the Services as
described in Section 6 of the First Schedule in accordance with the provisions of this Agreement.

2.2 The Company shall provide the Services at the Customer’s Premises as described in Section 4 of the
First Schedule for the Fixed Term as stated in Clause 3 at the Monthly Service Charges as provided in
Clause 4 and subject to the terms and conditions hereinafter contained.
2.3 The Company shall at all times diligently render the Services with reasonable skill and care and in
accordance with the terms and conditions hereinafter contained.

2.4 Unless otherwise set forth in Second Schedule, the Company shall furnish, at its sole expense, the
uniforms, equipment, vehicles, supplies and other materials used by all the security personnel employed
by the Company to perform the Services. The Customer shall provide the Company with access to the
Customer’s Premises to the extent necessary for the performance of the Services.

3. FIXED TERM

3.1 This Agreement shall come into effect commencing from the Services Commencement Date as stated
in Section 5(b) of the First Schedule and shall continue for the Fixed Term as stated in Section 5(a) of
the First Schedule unless terminated in accordance with the provisions of this Agreement.

3.2 This Agreement shall come with an option for renewal (if any) of the Services herein for the then
immediate Renewal Term as stated in Section 10 of the First Schedule, if applicable, at a revised
Monthly Service Charges (hereinafter defined) to be mutually agreed by the Parties herein with re-
negotiated terms and conditions, from the date of expiration of the then current Term of Services and
thereafter shall be on a month-to-month basis.

3.3 There shall be a Probationary Period as stated in Section 9 of the First Schedule if at any time within
the period, the Customer or Company becomes aware that services are not or unlikely to successfully
meet the requirement, it shall immediately notify and Customer to reasons the matters and extend
Mitigation Plans.

4. AGREEMENT VALUE AND FEES

4.1 The Agreement Value for the Services shall be as set forth in Section 8 of the First Schedule for the
duration of this Agreement.

4.2 The agreed fees payable by the Customer to the Company for the Services per month (“Monthly Service
Charges”) shall be in accordance to the rates as stipulated in Section 7 of the First Schedule for the
duration of this Agreement.

4.3 The Company shall submit its invoices that contains a summary description of the Services covered.
Any payments for the Services shall be made by the Customer to the Company within thirty (30) days
from date of the invoice.
4.4 All invoices submitted by the Company to the Customer shall be deemed to be correct and shall not be
disputed after thirty (30) days from the date of the Customer’s receipt of the such invoices.

4.5 Notwithstanding sub-Clause 3.1 herein, if the Customer fails to strictly comply with sub-Clause
4.3 herein, immaterial whether any formal demand for compliance had been made or not, the Company
shall be entitled to terminate this Agreement forthwith by forty-eight (48) hours’ Notice in writing to
the Customer and thereafter this Agreement shall be deemed terminated.

4.6 Subject to the Company fulfilling its obligations under this Agreement, the Customer shall pay for the
Services rendered to the Company irrespective of any claim made against the Company for any loss
and/or damage under this Agreement and shall not under any circumstances be set off or debited for any
claim against the Company.

5. AUTHORITY TO NEGOTIATE

5.1 Unless otherwise agreed in writing, no variations, extension, omission or cancellation of the terms and
conditions herein contained shall bind the Company unless it is confirmed in writing under the hand of
the Managing Director of the Company and/or an authorized representative on behalf of the Customer.

5.2 For the avoidance of any doubt, it is hereby declared no person other than the above said has authority
to negotiate or enter into any commitment, agreement on behalf of the Company, the effect of which
will involve the Company in any legal liability or otherwise.

6. STANDARDS AND QUALIFICATIONS OF SECURITY PERSONNEL

6.1 The Company shall provide good character and behavior, honest, competent, vigilant, responsible with
no criminal records, sound health, efficient security personnel and capable to carry out the roles, duties
and responsibilities or the purpose of executing the Services and performance of the obligations of the
company under the Agreement.

6.2 The Company will present a criminal record certificate before providing its personnel to carry out
Security Services at the Customer’s Premises.
6.3 The Company hereby agrees and undertakes with the Customer that throughout the duration of this
Agreement and during such period as may be extended by virtue sub-Clause 3.2 herein, as follows:
-

6.3.1 All security personnel will be supervised by an inspector or other Senior Officer of the
Company who will make periodical checks;

6.3.2 All equipment and instruments used by such security personnel will be supplied by and remain
the sole property and responsibility of the Company;

6.3.3 The Company’s security personnel in charge at the Customer’s Premises shall at all times
properly look after the keys entrusted to the Company for the purpose of carrying out his duties
hereunder.

6.4 Upon the written complaint of the Customer as regards of the conduct of any of the security personnel
of the Company assigned to work at the Customer’s Premises, the Company shall at once remove such
person and provide a suitable replacement at its own cost and expense PROVIDED that the complaint is
supported with reasonable reasons for the need to remove such personnel. Upon the written complaint
of the Customer as regards of the conduct of any of the security personnel of the Company assigned to
work at the Customer’s Premises, the Company shall at once remove such person and provide a
suitable replacement at its own cost and expense PROVIDED that the complaint is supported with
reasonable reasons for the need to remove such personnel.

7. WORKING SCHEDULE

A schedule of duties in respect of the security personnel shall be made available in writing to the
Customer within one (1) week from the commencement date. The said schedule shall provide
information such as date, names of the security personnel on duty and the shift patterns.

8. REPORTING PROCEDURES

The Company shall provide the Customer with the complete format for the incidence and/or
occurrence reporting upon formal hand over of Security duties to the Company.

9. REVIEWS ON SECURITY SERVICES

The Company shall review and advise the Customer on matters relating to security of the Customer’s
shipment from time to time. In the event there is a material change of circumstances which
necessitates the adjustments or enhancement of the Security Services, the Company shall submit to the
Customer reasonable advice and proposal for the adjustment and enhancement. The Company shall not be
liable for any losses occasioned by non-compliance of the Company’s reasonable advice and proposal to
the extent such losses are not attributable to the Company’s negligence or breach of this Agreement.
10. STRIKE AND LOCKOUT AT THE CUSTOMER’S PREMISES

In the event of any strike, lockout or labor dispute at the Customer’s Premises, unless otherwise agreed
between the Company and the Customer, the Company’s security personnel shall not be required to
carry out any additional duties which do not relate to the security of the premises or its contents, or
perform any duties of a strike breaking nature or connected with the lockout or labour dispute.

11. LIABILITIES

The Company shall not be liable for:

a) Any loss suffered by the Customer at the areas other than the Customer’s Premises, unless such
loss was caused by negligence of the Company’s security personnel;

b) Any loss of bank notes, cash negotiable instruments, cheque (crossed or uncrossed), postal
orders, money orders, saving certificates, security documents, gems, jewelry and bullion
(collectively referred to as the “valuables”), if the valuables has not been kept in a locked
cupboard, drawers or safe prior to such loss.

12. PROCEDURE FOR CLAIM

12.1 In the event of any occurrence which may give rise to a claim by the Customer against the Company
under this Agreement, the Customer shall within Twenty-Four (24) hours after such occurrence
MAKE A REPORT of the same to the Police and shall WITHIN FORTY- EIGHT (48) HOURS of
such occurrence GIVE NOTICE IN WRITING BY FAX OR EMAIL and furnish the Company such
other particulars and information as the Company may require in connection with the occurrence.

12.2 Any claim by the Customer against the Company shall be made in writing and sufficiently sent by
registered post addressed to the Company as stated in Section 2 of the First Schedule of this
Agreement within two (2) weeks or within such longer period as mutually agreed to in writing by the Parties
hereto of the occurrence giving to such claim.

12.3 Should the Customer fail to comply the procedure as stated in sub-Clauses 12.1 and 12.2 above, the
Company shall not be held responsible for such claim.
13. INDEMNITY

13.1 Subject to the limit of liability (hereinafter defined), the Company shall be liable for, and shall
indemnify the Customer against any expenses, liability, loss, claims or proceedings whatsoever
arising under any statute or at common law in respect of personal injuries to or the death of any person
or damage to real property arising out of or in the course of or caused by the carrying out of this
Agreement due to the acts, negligence, omissions or defaults of the Company, its servants or agents,
and the Company’s public liability claim by way of damages shall be limited to a sum of not
exceeding RM 1,000,000.00 (“Limit of Liability”) in respect of the aggregate of the Customer’s claims
arising during any period of twelve (12) months.

13.2 The Company shall during the term of the Security Services herein insure and keep insured at its sole
expense against personal accident coverage for the Company’s personnel/employee. The Company shall
furnish to the Customer insurance policy evidencing the insurance coverageannually upon renewal.

13.3 The Company shall indemnify and hold harmless the Customer from and against any and all third party
claims, demands damages, losses and reasonable expenses (including, without limitation, reasonable
legal fees) arising from or in connection with any breach of terms, conditions and covenants on the part
of the Company to comply under this Agreement including but not limited to personal injury, property
damage, breach of confidentiality, breach of warranty and any claims by the Company’s personnel or
consultants against the Customer.

13.4 Notwithstanding the foregoing, the indemnification obligation set forth above shall not include any
claims, demands, judgments, suits, actions, expenses, losses or liabilities, including costs and legal fees,
which resulted solely from the negligence of the Customer or breach of the Customer.

14. EXCEPTIONS OF INDEMNITY

Without prejudice to the provisions of Clause 13 herein, the Company shall not be liable for whatsoever
damages in any delay for initiating, carrying out or completing the Security Services or any part thereof
by reason of strikes, lockouts, labour disputes, obstruction of any public or private roads or highway or
by reason of any other causes whatsoever which are beyond the Company’s control.

15. COVENANTS

15.1 The Company’s security personnel shall not be required to do any duties other than those connected
with Services as stated in Section 6 of the First Schedule of this Agreement.

15.2 The Customer shall not during the term of this Agreement and three (3) months after its termination or
expiration, employ directly or indirectly, any of the Company’s personnel who are employed by the
Company and are carrying out duties at the premises of the Customer.

15.3 The Customer shall not give any monetary advancement, loan or any form of goods to the employees of
the Company. If the same is given by the Customer, then the Company shall not be held responsible for
any consequence suffered by the Customer.
16. NOTICE
16.1 All notices, demands and other communications (“Notices”) between the Parties which are required to
be given under this Agreement shall be in writing and shall be sent by hand, by pre- paid registered
post, by facsimile or by electronic mail (“email”) for the Customer as well as the Company are set forth
in Sections 2 and 3 of the First Schedule respectively.

16.2 All notices shall be deemed to have been served on the recipient when delivered (if delivery by hand) or
forty-eight (48) hours after posting (if sent by pre-paid registered post) or on transmission by the sender
(if sent by facsimile or email).

17. TERMINATION

17.1 This Agreement shall be terminated by either Party by giving a prior written notice not less than one (1)
month notice to the other Party of its intention to do so.

17.2 In the event the Customer wishes to terminate this Agreement, the Customer shall pay the Company all
sums due and payable to the Company within thirty (30) days from the date of such termination notice.
This would also include the Agreement Value due to the Company during the serving of the notice of
termination and shall be fully settled.

18. TIME

Time wherever mentioned in this Agreement shall be of the essence of the contract.

19. COSTS

The Company shall bear any costs incidental to the preparation and completion of this Agreement. The
stamp duties payable in respect of this Agreement shall be borne and paid by the Company.
The Company undertakes to provide a stamped copy of this Agreement to the Customer.

20. BINDING EFFECT

This Agreement shall be binding upon each of the Parties and their respective successors in title and
permitted assigns.

21. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of Malaysia.

22. SPECIAL CONDITIONS

The First Schedule and the Second Schedule (if any) shall be taken read and construed as an essential
part of this Agreement. In the event of any conflict or inconsistency between the foregoing provisions
of this Agreement and the provisions of the First Schedule and the Second Schedule (if any), then the
First Schedule and the Second Schedule (if any) shall prevail.
[End Of Clauses]

[THE REMAINING OF THE PAGE IS INTENTIONALLY LEFT BLANK]


IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and year first above written.

SIGNED BY )
for and behalf of the Company )
PROFORALL SECURITY )
SERVICES & CONSULTANCY )
SDN BHD )
201301010936 (1040773-W) )
in the presence of: )

MANAGING DIRECTOR AUTHORISED OFFICER


NAME: NAME:

SIGNED BY )
for and behalf of the Customer )
TABERNACLE OF WORSHIP )
CHURCH )

in the presence of: )

DIRECTOR AUTHORISED OFFICER


NAME: NAME:
FIRST SCHEDULE

(which is to be taken, read and construed as an essential part of this Agreement)

Section Item Particulars

1. Date, month and year of this


Security Services Agreement

2. Particulars of Company PROFORALL SECURITY SERVICES & CONSULTANCY SDN


BHD 201301010936 (1040773-W), a company incorporated in Malaysia
and having its head office at No. 44-1, Jalan Sg. Burung AA32/AA,
Seksyen 32, Bukit Rimau, 40460 Shah Alam, Selangor Darul Ehsan
TABERNACLE OF WORSHIP (CHURCH)
3. Particulars of Customer
TABERNACLE OF WORSHIP (CHURCH) Address:

Lot 37 Jalan Haruan 8, Oakland Industrial Park 70300 Seremban


Negeri Sembilan

Tel No : 06-761 4768 / 017 277 7726

Fax No : NIL

Email : cheahkokhon@yahoo.com

Attn. : Mr. Jeremy

4. Description of Customer’s Premises Worship Purpose

5(a). Fixed Term One (1) term of Two (2) years from and including the
Services Commencement Date.

5(b). Services Commencement Date.

No. of Manpower
6. Description of Services Provided Tabernacle of Worship (Church) :

Weekdays:
One (1) Static Security Personnel(s)
12 hours
One (1) for Night Shift (7pm-7am) per day

Weekends:
Two (2) Static Security Personnel (s)
12 hours shift
One (1) for Morning Shift (7am-7pm) per day
One (1) for Night Shift (7pm – 7 am) per day

Per Head Rate: RM 9.50 per hour


RM 9.50 per hour
7. Monthly Service Charges Tabernacle of Worship (Church):

Weekdays:
RM 9.50 x 1 SP x 12 hours x 22 days = RM 2,508.00
6% Sales and service tax (SST) = RM 150.48
Total = RM 2,658.48

(Ringgit Malaysia Two Thousand Six Hundred Fifty-Eight and Cents


Forty-Eight)

Weekends:
RM 9.50 x 2 SP x 12 hours x 9 days = RM 2,052.00
6% Sales and service tax (SST) = RM 123.12
Total = RM 2,175.12

(Ringgit Malaysia Two Thousand One Hundred Seventy-Five and Cents


Twelve)

Grand Total = RM 4,833.60

(Ringgit Malaysia Four Thousand Eight Hundred Thirty-Three and


Cents Sixty Only)

Remarks: There will be variance on the days depending on the


months in 2023.

8. Agreement Value RM 58,003.20


(Ringgit Malaysia Fifty-Eight Thousand Three and Cents Twenty)

9. Probationary Period, if applicable Three (3) months from and including the Services Commencement Date.

10. Renewal Term, if applicable One (1) term of One (1) year(s).

Provided Always that the increase in the Monthly Service Charges for the
then immediate Renewal Term shall be by a sum to be mutually agreed by
the parties hereto.
SECOND SCHEDULE

(which is to be taken, read and construed as an essential part of this Agreement)

--Not Applicable—

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