Terms and Conditions for Nationwide Security Service
1. DEFINITIONS
“In writing” or “written document”: Any communication signed by an authorized party, including printed documents, facsimiles, emails, and other electronic means.
“Loss”: All claims, suits, damages, and related expenses (e.g., attorney fees, investigative costs) arising from or related to the same condition.
“Site”: All premises where Services under this Agreement are performed.
“Remote Guarding”: Guarding services performed from a remote location using electronic security tools (e.g., video, voice systems).
“Guard”: An NWSS employee, affiliate, or subcontractor assigned to perform protective duties under this Agreement.
2. AGREEMENT
This Agreement for Professional Security Services Management (“Agreement”) is entered into by and between Nationwide Security Service, Inc. (“NWSS”) of 208 Broadway, Malden, MA 02148, and the Client, as defined in related service forms, emails, or exhibits.
WHEREAS:
Client wishes to engage NWSS for management of security guard services;
NWSS has the necessary qualifications and capabilities;
The cost and scope of service shall be outlined in attached documents (“Job”).
NOW, THEREFORE:
The parties agree as follows:
3. TERM & TERMINATION
(a) Agreement starts on the Effective Date and continues until terminated by either party.
Either party may terminate with 24 hours’ written notice.
Cancellation less than 24 hours before service start may incur a fee up to six (6) billable hours.
Cancellation under 8 hours may incur up to eight (8) billable hours or deposit forfeiture.
For good cause, either party may terminate with 30 days’ written notice.
(b) For Remote Guarding services, Client must provide 60 days’ written notice to terminate.
(c) Upon termination, Client must pay for all services rendered and any unamortized equipment costs.
4. SCOPE OF SERVICES & PERSONNEL
(a) NWSS provides only the Services defined in this Agreement. NWSS does not assume full security responsibility for the Site.
(b) NWSS may subcontract services and install equipment, which remains NWSS property. No warranties apply.
(c) NWSS acts as an independent contractor. Personnel are not employees of the Client.
(d) Client agrees not to hire NWSS employees within one year of assignment; otherwise, a $2,500 fee per employee will apply.
(e) For Remote Guarding:
Client maintains its monitoring systems;
NWSS may disable services in line with regulatory or safety requirements;
All proprietary technology remains NWSS property;
Client consents to monitoring, recordings, and agency notifications by NWSS.
5. PAYMENT TERMS
(a) Payment is due per terms stated in the service documentation.
Late payments accrue 1.5% monthly.
Disputes must be raised within 30 days.
Client bears collection/legal costs for non-payment.
(b) NWSS may suspend services after 10 days’ notice for non-payment.
(c) NWSS may increase fees with 30 days’ notice due to rising costs.
6. LIABILITY & INDEMNIFICATION
(a) NWSS’s liability is not tied to the value of protected assets. Limitations apply regardless of NWSS negligence.
(b) NWSS indemnifies Client only for losses caused by NWSS’s proven negligence. Client indemnifies NWSS for losses from Client’s actions.
(c) NWSS is not liable for environmental, indirect, or terrorism-related damages.
(d) Client is responsible for insurance on its own vehicles and property.
(e) Claims against NWSS must be made in writing within 14 days of the incident.
(f) No third-party rights are conferred under this Agreement.
7. INSURANCE
Client must maintain insurance on its property and name NWSS as additional insured where applicable. Waiver of subrogation applies.
8. FORCE MAJEURE
Delays due to uncontrollable events (e.g., war, terrorism, shortages) excuse performance. Client must reimburse NWSS for standby costs during such events.
9. CLIENT’S COMMITMENT
Client agrees to:
Maintain a safe environment;
Provide required access and utilities;
Promptly notify NWSS of risk or changes affecting service.
10. SEVERABILITY
If a clause is invalid, it will be modified or removed; the rest of the Agreement remains valid.
11. PRECEDENCE
In the event of conflicting documents:
This Agreement;
Scope of Work;
Other attachments.
12. NOTICES
Notices must be sent via certified or overnight mail to the addresses listed in this Agreement.
13. ASSIGNMENT
Neither party may assign this Agreement without consent, except to affiliates or successors with 30 days’ notice.
14. GOVERNING LAW & COMPLIANCE
(a) Governed by the laws of the state where services are performed.
(b) NWSS complies with federal regulations including:
29 CFR Part 471 Appendix A
Executive Order 11246 (as amended)
Section 503 of the Rehabilitation Act
Section 402 of the Vietnam Era Veterans Readjustment Assistance Act
1998 Veterans Employment Opportunities Act
15. ENTIRE AGREEMENT
This Agreement and its attachments represent the full understanding between the parties. Changes must be in writing and signed.