Many colleges and institutes are taking hostel facility from Hostel Service providers as it is more economical than building hostels and construction time can be saved. Hostel Service agreement will cover all the facilities provided by the Company, duration, charges, arbitration clause etc.
Sample Format of Hostel Service Agreement between college and Service Provider Company is given below.
AGREEMENT OF SERVICES
This Agreement for Services is made on the ____ day of _____ 20__
M/s. ______ Hostels Pvt. Ltd., having its office at ____________ ____________, ____________, hereinafter referred to as the "Company", through its partner and authorized signatory ______________ (which term unless repugnant to the context or law shall include its heirs successors, legal representatives and assigns) of the ONE PART.
____________ College, having its office at ____________, ____________, ____________ (hereinafter referred to as "College" which term unless repugnant, shall mean and include its successor and permitted assigns) through its Dean ____________ and of the OTHER PART.
College is desirous of entrusting services for the purpose of providing
Hostel facilities in this agreement or any amendment or variation, which may be
agreed between the parties (collectively "the Services"), as the Company
possesses the necessary competence, required equipment, financial capabilities
to render such services and also has made itself fully acquainted with the
nature scope volume and load of work in connection with the services to be
provided and is willing to provide the required services to the College. This
Agreement is subject to the following terms and conditions:
The Company hereby undertakes that it will during the term, provide the services as detailed in upon the terms and conditions described in this Agreement herein within __ days of signing this agreement. In performing their respective obligations under this Agreement, both the parties shall act in good faith. The Company shall, unless and to the extent inconsistent with its obligations and duties at law, Endeavour to act in the interests of the College with a view to providing the Services for the Term of this Agreement in accordance with this Agreement and make efforts to achieve, where practical, improvements in the quality of the defined services.
2. Term of Agreement, Effective Date & Termination
2.1 This Agreement will be effective from __.__.20__ (the Effective Date).
2.2 This Agreement shall remain effective for one year and shall terminate automatically after one year from the date of its execution. The term of this agreement during its tenure may be revised by mutual consent after satisfactory completion of first year. This agreement can be terminated by either party, by giving three months advance notice to the other party. This agreement may be renewed after one year, in the mutually agreed terms.
2.3 If, the Company fails to full fill the agreed terms with College or breaches the term of this Agreement, College will issue a written notice to the Company to rectify such breaches within a specified time. The Company shall rectify, improve, solve the problem within maximum of within fifteen (15) days of the notice sent by College of such breaches. College shall be entitled to terminate the agreement and stop availing services with 30 days notice if the Company fails to comply this.
3. General Standards and Facilities
3.1. That the Company will provide accommodation initially in ____________ and subsequently shift to the ____________, presently under construction, if the shifting is not completed by _________ then second party shall have the right to reconsider the agreement.
3.2. Company will provide furnished accommodation to the students on twin sharing basis, per room, who will be resident at the aforementioned premises. Details of facilities to be provided are given as below.
3.2.1 Facilities in the Rooms:
Each resident student will be provided with:
- One Single bed
- One Mattress and pillow
- One Study table
- One Study chair
- One Almirah
3.2.2 Common Facilities.
- Desert Cooler/Air Conditioner one per room
- 32" TV with cable connection and sofa set in the drawing room of every flat
- Wi-fi internet facilities in all the flats.
- 24 hours power backup and water facilities.
- Drinking water (RO System) with Refrigerator in every flat.
- Sufficient security arrangements at the hostel premises.
- Laundry facilities for washing and ironing of clothes on payment basis.
- 24 hours maintenance facility for repair of Electrical /Plumbing other maintenance issues pertaining to the hostel.
- Provision of vehicle for medical emergency.
- Provision of Supervisory staff - Hostel Wardens and other staff.
- Cleaning and hygiene maintenance services for Rooms and Common areas of the Hostel, daily.
- First aid medical facilities, list with telephone numbers of near by Hospitals, Nursing Home and ambulance facilities
- Adequate number of fans and lights.
- Hot Water during winters.
- Curtains for all windows.
3.2.3 Additional Facilities.
An air conditioner can be provided on special request for which Rs. 9,000/- per annum will be charged per student.
4. Charges, Payment Terms & Facilities
4.1 That the Company shall charge an amount of Rs. ________/- (Rupees ________ ________ only) per annum per student inclusive of all taxes as applicable and this will be inclusive of all electricity, water charges, all statuary taxes to local civic/state/central govt. authorities. That the rate shall be subject matter of yearly increment for new batch only based on mutual agreement between both the parties.
4.1.1 The College hereby agrees to pay the following Charges to the Company:
4.1.2 The Schedule of the payment will be as follows:
Installment Percentage payable of total amount Due Date
I 20% By __ __
II 30% By __ __
III 50 By __ __
4.1.3 INR ________/- (Indian Rupees __ __ __ __ only) per annum per student inclusive of all taxes as applicable. However the T.D.S and/ or any other deductions necessary to be made at source as per law shall be deducted upon each payment becoming due. Invoices shall be submitted on a monthly basis, not later than the seventh (7th) day of each calendar month.
5. The parties undertake to reconcile all accounts and outstanding on quarterly basis. Upon quarterly reconciliation and manual acknowledgement of out-standing, no further claims of dues shall be entertained by Company.
6. Licenses and Permits.
Company shall, at its own expense, secure and maintain all licenses and permits required for the operation of its business and for the performance of the Services. Company represents and warrants to College that it has obtained all necessary government licenses and permits to perform the Services and agrees to provide College copies of such licenses and permits, upon request.
7.1 That the Company shall ensure disciplined safe & secure and peaceful environment to the resident students College. Similarly, any indiscipline on part of any resident student shall be reported by the Company to the College and the College shall take appropriate action against its student.
7.2 The hostel Management committee comprising of five resident students and one representative for each parties will ensure the resident student's discipline in the premises. The hostel rules will be formulated by this group and will be strictly observed by all resident students any violation / deviation of the said rule will be observed as misconduct and treated severely.
7.3 That, the College gives an assurance to the Company that none of its students shall make any addition/alterations in the hostel premises during the course of this Agreement. In case any student will be found doing so, the Company shall report the matter to hostel management committee for appropriate action.
8. That, at the time of expiry of the agreement, the College shall handover possession of complete premises to the Company without any hurdle, with all fitting and fixtures intact and in working order and pay for damage/ loss.
9. That, the College shall not sublet the premises in part or whole to anyone else in any manner whatsoever. The College shall use the premises only for residence of its students.
10. Complaints Redressal
10.1 The hostel shall provide proper register for endorsing of students complaints and take action to resolve the complaints
10.1 That, day to day repairs such as fuses, leakage of water taps have to be done by the Company at his own cost. Major structural repairs such as leakage in electricity, sewers, drains, pipes and cracks in the structure caused by any of the students of the College have to be done by the College at their own cost.
11. Dispute Resolution, Governing Laws
12. In the event of any dispute or difference arising between the parties under this agreement, it will be referred to the Standing Committee comprising of two senior representative nominated from each side. However, any unresolved issue will be dealt within the terms of Arbitration and Conciliation Act 1996
13.1 This Agreement contains the entire agreement between Company and College with respect to the subject matter hereof, superseding any previous oral or written agreements. In the event of any inconsistency between this Agreement and any other contract between Company and College, the provisions of this Agreement shall prevail.
13.2 This Agreement and any of the schedules shall only be amended or modified by written agreement of the parties.
13.3.1 This Agreement shall be governed by and construed in accordance with the laws of the courts of New Delhi and the parties irrevocably submit to the jurisdiction of the courts of New Delhi for the resolution of any disputes or differences which may arise or relate to this Agreement.
14. This Agreement has been executed in the English language only, and the English language shall be controlling in all respects. No translation of this Agreement into any other language shall be of any force and effect in the interpretation of this Agreement or in a determination of the intent of either party.
For _____________College For __________________ Company
Name: __________________________ Name: ______________________