Terms and conditions

Permanent Security Contract

1. Foreword:
All the services of Russo Security are provided on the basis of these terms and conditions and the special conditions mentioned in the Contract. If the special conditions contradict the general terms and conditions, the special conditions shall be applicable.

2. Quotations:
Quotations are only valid for the stated period. They shall not be binding until signed by both parties.

3. Activities and personnel:

3.1. The activities of Russo Security, its licence and approval, the minimum recruitment criteria and training requirements are governed by the Law of 10.04.1990 and the decrees for its implementation.

3.2. Recruitment and selection
Security staffs are employed following a specific selection procedure. Psychological tests and an in-depth security interview are part of our very careful procedure. This enables us to find and employ people of reliable, responsible and sociable character. And, last but not least, we require physical fitness, confirmed by a doctor.

3.3. Training
In-depth training programmes are our guarantee of professional security staffs that are fully are of their security aims. Training is carried out according to a plan set up for each target group and is provided immediately after the job is taken on and subsequently on a permanent basis. It is handled by a training organisation approved by the Ministry of the Interior, and consists of theory and practical sessions relating to security, procedures, first-aid, fire-fighting, professional ethics, observation techniques, etc.

3.4. Uniform and equipment
Unless otherwise agreed, the security guards will always wear their Russo Security uniforms when working on assignments. They will have equipment and devices of the quality required for the good performance of their security work.

3.5. a) Russo Security personnel shall hold identification cards issued by the competent authorities ; these shall be shown whenever requested by the Contracting Party.
b) Russo Security staffs are not contractually bound to the Contracting Party.
c) The Contracting Party shall not make Russo Security staff directly answerable to it in any way whatsoever. The Contracting Party acknowledges that Russo Security personnel cannot be directly answerable to the Contracting Party or any member of the Contracting Party’s personnel, and shall act accordingly.
d) Security guards are forbidden to take direct instructions from the Contracting Party unless these relate directly to the assignments provided for within the framework of the execution of the contract or it has been agreed otherwise.

4. Protection of the Profession:
The Contracting Party undertakes not to recruit Russo Security staff during the lifetime of the Contract or during the year following its winding up or termination, whether directly or through an intermediary. If this obligation is breached, Russo Security reserve the right to claim compensation of not less than 1,250 € per person.

5. Working Conditions:
The Contractor undertakes to ensure that the Russo Security personnel work in conditions complying with the Règlement Général pour la Protection du Travail (R.G.P.T.) [Regulations on Health and Safety at Work].

6. Liability and Insurance pursuant to the Legislation of 10.04.1990:
a) Russo Security shall be liable for damage caused by or imputable to negligence by its personnel in so far as it is covered by insurance policies which are in force at the time of the event.
b) The liability of Russo Security shall be limited to these cases and claims shall only be brought in so far as covered by these policies.
c) Russo Security’s third party cover complies with the Royal Decree of 27.06.1991. published in the Moniteur Belge on 09.07.1991. Russo Security undertake for the duration of the supply of the services to hold insurance in accordance with the legal requirements, as described
above.
d) If the Contracting Party intends to make Russo Security liable for any damage whatsoever, this intention must be notified to Russo Security or its Insurers in writing as quickly as possible, with supporting information, otherwise it will become invalid.
e) The services which Russo Security undertakes to execute for the Contracting Party represent an obligation for the former to do everything possible and necessary but in no circumstances an obligation of result.

7. Additional Charges:
a) All the services or temporary, accessory and/or additional services explicitly requested in writing by the Contracting Party and which are not provided for in the basic Contract shall be subject to these general terms and conditions and subject to additional charge at the prices current at the time of the request.
b) The contributions or prices of Russo Security shall be automatically increased or reduced by 2% in the case of any fluctuation corresponding to 2% of the CCT 317 trigger index, with the exception of the application of any legal limitations.
Russo Security reserves the right, after justification, to adjust its prices for other reasons than those linked with the trigger index. This shall be the case if costs increase due to events other than those used in the calculation of the index, and in any case when there is a general rise in welfare, tax, or employers’ contributions or salary modifications arising from the Collective Labour Agreement or legal obligations.
The Contracting Party shall bear all taxes, stamp duty and other duties and charges invoiced in accordance with legislation current at the time of provision of the service.

8. Invoicing, payments, reminders:
The Contracting Party undertakes to check the invoices sent to him immediately and formally waives making any complaints regarding the charges and prices shown thereon unless made in writing to Russo Security in the 15 days following receipt of the invoice.
If any payment is not paid on the due date, after sending a reminder by registered post, Russo Security may immediately suspend its services, lawfully and without the Contracting Party being released from the obligation to comply with the signed Contract; the Contracting Party shall pay a sum in compensation equal to the balance for the remainder of the contractual period.
Delay interest shall also be payable at a rate of 1% per month as from the due date, without any reminder or prior notice. Any part month shall count as a whole month. If invoices are not paid within eight days of a reminder sent by registered post, 10%, or a minimum of 62€ shall be added to the invoice total as fixed compensation. All the a foregoing shall in no circumstances prevent acceptance in relation to the Contracting Party of Article 1244 of the Civil Code.

9. Suspension of the obligation to provide services:
Once the Contract has been signed, Russo Security may suspend its services if execution is prevented by force major, i.e. by circumstances beyond the control of Russo Security which it could neither foresee nor reasonably prevent.
Once the reason for the suspension has disappeared, Russo Security reserves the right to restore the supply of services and extend the Contract for a period equal to that of the suspension, unless both Parties agree that continuation of the services is impossible, after which the Contract will be terminated automatically, without entitling either party to compensation.
Once the Contract has been signed, Russo Security may suspend its services lawfully and without notice in the case of:
- proceedings against the Contracting Party for suspension of payments, creditors’ composition, bankruptcy, protested payments or attachment;
- death of the Contracting Party if an individual, transfer or cessation of the business of the Contracting Party or winding up of the company.

10. Duration of the agreement:
The surveillance Contract shall have duration of 6 months from the starting date of the services and shall be tacitly renewable for the same period unless one of the Parties gives notice by registered post 3 months prior to the Contract renewal date.

11. Modifications to the Contract:
Any modifications to the Contract and its form of execution shall be requested in writing, approved by the Contracting Party and Russo Security, and be added or attached to the general terms and conditions.

12. Jurisdiction and application of the law:
If amicable settlement is impossible, all disputes arising with regard to the interpretation and execution of this Contract shall be submitted to the exclusive jurisdiction of the Courts of Nivelles. All legal relationships between Russo Security and the Contracting Party or its entitled heirs shall be settled in accordance with the Laws of Belgium by application of these terms and conditions.

Special conditions

1. Assignments
All assignments accepted by Russo Security must be covered by written instructions. Guards will not be authorized to take instructions directly from the Contracting Party.

2. Patrols
The Contracting party will receive a monthly statement of the time spent on surveillance (patrols), which will be attached to the invoice.
When keys are required, the Contracting Party will hand these over to Russo Security. The keys will be carried by the guard on duty and kept in a safe place at all times.

3. Travelling expenses
Traveling expenses are INCLUDED in the price except in the cases agreed in the Contract.

4. Reports
Any anomalies noted by the guards during their work will be included in the daily patrol report handed over to the Contracting Party.

5. Modifications
The number, itinerary, or scope of contractual assignments may be modified temporarily without notice FOR VITAL SECURITY REASONS of which Russo Security shall be the sole judge.

This is the last paragraph of the special conditions and no additions shall be made to the end of this page.