6.1 The parties agree that the period of this Contract shall be fixed for 1 year commencing from 1st July 2014 Upon the expiry of 1st June 2015 term of the Contract, it shall be deemed that the Contract shall be automatically extended for another successive term of 2 months provided that neither party cancels the Contract by giving written notice to the other party at at least 2 months prior to the expiry of the existing contract Such notice shall be effective at the end of the existing contract term. In the case of renewal, all terms and conditions prescribed herein shall effectively continue and apply between the parties, except the Service Fee which the Contractor hereby reserves the right to adjust as it deems fit.
7. Contractor Obligations
7.1 During the Contract period, the Contractor shall meet/ perform the following obligations:
7.1.1 To supervise and check its janitorial staff in performing the Services on a regular basis;
7.1.2 To provide and supply at its own expense competent and well-trained staff to perform the duties within the scope of work.
7.1.3 To provide uniformed staff with the Contractor's name affixed during performance of their duties hereunder;
7.1.4 To provide replacement of janitorial staff without additional charge in case of absence or removal;
7.1.5 To provide a representative of the Contractor to attend the meeting of the Company according to the schedule as agreed upon by both parties;
7.1.6 To provide at its own expense the necessary cleaning equipment and materials for use in carrying out the Services;
7.1.7 Comply with all applicable Thai labour laws with regard to their staff providing the Services;
7.1.8 Ensure that all staff of the Contractor who provide the Services are Thai nationals and that they perform the Services to a high standard and behave in a polite and efficient way when carrying out their work.
7.1.9 The Contractor shall at all times take responsibility for managing and supervising their staff in the provision of the Services at the Service Area. For the avoidance of doubt the Contractor shall be responsible for paying their staff all applicable salary/wages and benefits as required under the law.
7.1.10 The Contractor shall obtain a suitable insurance policy (with a coverage amount approved by the Company) to insure against costs associated with their staff damaging the Service Area site, causing damage or injury to the Company’s property or assets or third parties or employees or guests of the Company at the Service Area site and other likely risks. The Company shall be the beneficiary under such policy and the Contractor shall provide the Company with a copy of the policy. The cost of such insurance policy shall be borne by the Contractor.
8. Company Obligations
8.1 The Company shall have the following obligations:
8.1.1 Not to conceal or change any information, data or facts which may directly or indirectly affect the Services and/or performance of the Services by the Contractor.
8.1.2 To provide all water, electric and other adequate facilities which are necessary for Contractor to perform the Services.
8.1.3 To provide a suitable secure lock-up room for the Contractor to store its cleaning equipment, chemicals and other materials.
8.1.4 To fully facilitate and co-operate with Contractor’s janitorial staff while they are performing their duties or works in the Service Areas. As well as, to comply with the Contractor’s reasonable recommendations for improving service measures within the Service Areas. If the Company fails to comply with the said recommendations and there are losses or damage sustained within the Service Areas, the Company agrees that the Contractor shall not be liable for the said losses or damage.
8.1.5 To allow the Contractor's personnel to perform their assigned duties without hindrance.
8.1.6 To abide by the following obligations after the occurrence of losses or damage for which the Contractor may be liable as specified in Clause 8 hereof:
8.1.6.1 To lodge a complaint with a competent officer and to inform the Contractor of details of losses or damage as well as the amount of compensation sought within ………… of such discovery.
8.1.6.2 To allow Contractor and/or its authorized representatives and/or competent investigation officers to investigate and question any person involved or suspected of being involved with the losses or damages; and
8.1.6.3 Not to remove any property and/or destroy or demolish any trace in the areas of losses or damage until an official police inspection is completed except where such removal and/or destruction is carried out to improve safety.
8.1.6.4 Should the Company fail to abide by the obligations mentioned herein, it shall be deemed that the Contractor shall not be liable for the losses and/or damage sustained.
8.1.7 Not to assign any works other than those under the scope of services in Annex 1 to the janitorial staff of the Contractor.
8.1.8 Not to assign or deliver any key or properties other than properties as agreed upon in writing by the parties, if any, to the Contractor’s employees or janitorial staff for their protection, possession and action in any manner; otherwise the Contractor shall not be liable for any resulting losses and damages incurred.
8.1.9 Not to withhold or set off any amounts against the Service Fee while any claim is in the process of investigation or where the result of an investigation for a claim indicates that the Contractor was not liable for such claim. However, the Company shall be permitted to set off or use Service Fees to pay the Contractors staff if the Company is held to be legally responsible for paying these staff their wages or other benefits. Further, it is understood by the parties that the Contractor, during the renewal period, shall continuously perform the Services as normal, and the Company hereby agrees to continuously pay the Contractor the due Service Fee without delay according to the terms of payment stipulated herein, regardless of completion of execution or preparation of any documents or performance of any acts. The foregoing conditions shall also apply to the case where the Company requests the Contractor to start performing the Services first while a service contract between the parties has not yet executed for whatever reason.
8.1.10 Not to either on its own account or jointly with or on behalf of any other persons, directly or indirectly, solicit or interfere with or endeavor to entice away from the Contractor any person who during the period of this Contract and within 45 days from the expiry of this Contract is an employee of the Contractor with a view to employing them as an employee or an agent of the Company or of any third persons.
8.2 For the avoidance of doubt, the Company shall not be considered as the employer of the staff of the Contractor. If a labour dispute arises amongst the Contractor’s staff providing the Services at the Service Area, this shall be dealt with exclusively by the Contractor and all associated costs shall be the responsibility of the Contractor. The Company shall have no responsibility to the staff of the Contractor regarding their employment.