Terms and Conditions

1. The Client has entered into this Agreement with MBM-Munshi Bangladesh Limited for Cleaning Services on the terms and conditions, as per the Schedule.
2. MBM-Munshi Bangladesh shall provide the Cleaning Services as more particularly set out in Schedule.
3. In consideration of the provision of the Cleaning Services by MBM-Munshi in accordance with the terms and conditions of this Agreement, the Clients need agree to pay to MBM-Munshi Bangladesh the charges plus 10% VAT. If there is any change in VAT of 10% by the Government of Bangladesh, that will be charged the Clients accordingly.
4. The Client need agree to pay one month’s invoice value in advance as security deposit to the MBM-Munshi Bangladesh Ltd. at the time of signing the contract. This amount will be refunded / adjusted at the end of the contract upon mutual agreement.
5. MBM authority will have the provision of placing MUSUKH-11 (Government Approved).

OBLIGATIONS

6. MBM-Munshi Bangladesh shall prepare in writing, in conjunction with the Client. Such Assignment Instructions shall be mutually agreed to in writing by both parties in advance of the Start Date of the provision of the Cleaning Services. Authorised representatives of both parties, prior to implementation thereof, shall mutually agree to any future amendment to such Assignment Instructions in writing. The Assignment Instructions as mutually agreed between the Parties and as amended from time to time during the Contractual Period shall always form part of this Contract.
7. MBM-Munshi Bangladesh will provide the cleaning personnel for the performance of the Cleaning Services hereunder in accordance as per assignment instructions.
8. The Client shall have the right to require MBM-Munshi Bangladesh to remove any cleaning personnel or other employees of MBM that the Client reasonably considers to be undesirable or otherwise and similarly, MBM-Munshi Bangladesh reserves the right to replace the Janitor with prior written notice of no less than seven days to the Client, emergencies exempted.
9. MBM-Munshi Bangladesh will use reasonable skill and care in the provision of the Cleaning Services in accordance with good industry practice. MBM-Munshi Bangladesh will provide proper and adequate supervision to ensure that the Cleaning Services are performed in accordance with the Assignment Instructions and the terms and conditions of this Agreement.
10. MBM may assign this Agreement in whole or in part, to its affiliates, subsidiaries or related or sister companies, with prior written notice to the Customer at any time. To provide and supply at its own expenses competent staff and workers (Above 18 years old) to perform duties within the scope of work hereof. These employees will be in the payroll of the 1st Party MBM-Munshi Bangladesh Limited and 2nd Party Client will not take any responsibility or provide any benefit whatsoever to the employees of the MBM.
11. To provide uniformed employees with adequate identification.
12. MBM-Munshi will arrange a monthly quality control meeting with the Client to discuss the performance level. The project in-charge will visit the premises and supervise on a monthly basis to ensure that all works are being carried out properly.
13. MBM-Munshi will provide a customer satisfaction card to the Client to get its feedback regarding the services of the MBM-Munshi. Necessary actions will be taken in line with such Suggestions, if any, within shortest possible time.
14. MBM-Munshi will assign full time Janitors as detailed in work schedule.
15. MBM-Munshi will maintain Daily attendance of the janitors and Client will designate one or more officials to countersign such records on Daily basis.
16. The Client need to agrees that the price of the service provided by the MBM, will increase by 10% each year in keeping with inflation rate and to meet up the rising costs of materials and services.

CONFIDENTIALITY

17. Each of MBM-Munshi Bangladesh and the Client shall not, and shall procure that its employees and agents shall not, disclose, divulge and / or disseminate to any third party, any Confidential Information of the other party (including, without limitation, the Assignment Instructions, Schedules and other subsequent Agreements). This obligation will not apply to information, which is or becomes public knowledge through no fault of the parties or was already known to or becomes known to the receiving party without any obligation of confidentiality, as well as information, which the parties might be required to disclose under applicable law or by order of competent judicial or governmental authority.

PAYMENT TERMS

18. The Client shall pay MBM-Munshi Bangladesh’s invoices as per the Charges specified, within 07 working days after the date of receipt of the invoice by the Client. Any objection by the Client to any such invoice raised by MBM-Munshi Bangladesh should be made within 3 working days from the date of receipt of the invoice.
19. Payment by the Client for the Cleaning Services provided hereunder shall be a fundamental obligation under this Agreement. Any default of payment beyond 30 (thirty) days shall entitle MBM-Munshi Bangladesh to suspend or terminate this Agreement and withdraw the MBM cleaners. MBM service may be resumed after payment is made.
20. Any claims by the Client pertaining to service will not override the above payment clause. Claims will be mutually settled through joint investigation recommendations and the adjustments if any will be made by MBM on next month’s invoice.
21. The Client shall make the payment either by Account Payee Cheque, by Demand Draft or Bank Transfer to the bank account of MBM-Munshi Bangladesh as may be notified by MBM-Munshi Bangladesh to the Client. If the payment cheque is not honoured by the bank MBM will notify the Client to resolve the payment within next 7 days failing which MBM may take appropriate legal measures for payment.
22. Unless otherwise agreed after completion of 1-year contract period service charge will increase by 10% (ten percent) for inflation adjustment and annual increment on contract renewal.

FORCE MAJEURE

23. Neither party shall in any circumstances whatsoever be liable to the other party for any delay or failure to fulfil its obligations under this Agreement (other than the payment of money already due at the time) where any such delay or failure is caused in whole or in part by any Act of Terrorism, Biological or Chemical Contamination, Nuclear Risks, or to the extent that any such delay or failure arises from any other cause beyond its control, including, without limitation, fire, floods, acts of God, acts or regulations of any governmental or supranational authority, war, riots.

ADDITIONAL SERVICES

24. If MBM-Munshi Bangladesh agrees to provide any cleaning services requested by the Client in addition to the Cleaning Services, such Additional Services shall be subject to the terms and conditions of this Contract.
25. Such Additional Services shall be supplied on receipt of a signed instruction, signed by an authorised representative of the Client that shall form part of the Contract.
26. MBM-Munshi Bangladesh will raise invoices for any Additional Services monthly in arrears and the Client shall pay such invoices within 15th day after the date of receipt of such invoices.

TERMINATION

27. Both the Parties in this Agreement reserve the right to terminate this agreement by giving 2 (two)-month notice in writing.
28. Both the Parties have the right to call for further explanation of any of the clause/article mentioned in this agreement. However should a Party do so, efforts will be taken by both the Parties to resolve the issue expeditiously.
29. In case of termination of the contract the MBM-Munshi Bangladesh Ltd. will take charge of the machines, equipment and chemicals that are deployed and/or stored in the premises of the Client.
30. If the cleaning personnel are assaulted by the Client or Client’s representatives MBM-Munshi Bangladesh has the right to terminate the contract and withdraw the cleaners with immediate effect.

GOVERNING LAWS AND SETTLEMENT OF DISPUTE

31. Any claims, dispute and or difference (including a dispute regarding the existence, validity or termination of this Agreement) arising out of, or relating to this contract including interpretation of its terms will be resolved through joint discussions of the authorized representatives of the parties. However, if any such claim, dispute or difference cannot resolved through such joint discussions within thirty (30) days of the date of the notice issued by either party requesting such joint discussions then either party may refer the claim, dispute or difference for adjudication by arbitration by a single arbitrator in accordance with the rules of Bangladesh Arbitration Act, 2001. The venue for the arbitration will be in Dhaka. The decision of the arbitrator shall be final and binding on the parties.
32. Any claims, dispute and or difference (including a dispute regarding the existence, validity or termination of this Agreement) arising out of, or relating to this contract including interpretation of its terms will be resolved through joint discussions of the authorized representatives of the parties. However, if any such claim, dispute or difference cannot resolved through such joint discussions within thirty (30) days of the date of the notice issued by either party requesting such joint discussions then either party may refer the claim, dispute or difference for adjudication by arbitration by a single arbitrator in accordance with the rules of Bangladesh Arbitration Act, 2001. The venue for the arbitration will be in Dhaka. The decision of the arbitrator shall be final and binding on the parties.