CONTRACT MANAGER TERMS AND CONDITIONS
Garuda Supplies Website
CONTRACT MANAGER TERMS AND CONDITIONS
Contract Manager provide contract management services on the Garuda Supplies website to Vendors and Buyers, hereinafter referred to as Clients. To run this service, Garuda Supplies provides the following terms and conditions:
A. CONTRACT MANAGEMENT SERVICES
- Contract management services are provided by qualified Contract Manager (or can be called Consultant) to Clients.
- Every Client who wants to use the contract management services as referred to in number 1 (one) must be registered as a member of the Vendor or Buyer at Garuda
- Contract Manager provide contract management services from time to time such as:
- Provide the definition and signature of effective agreements with new and existing suppliers;
- Provide execution of agreements and the management of claims;
- Provide an access to negotiated agreements and better terms & conditions.
- Garuda Supplies will make it easier for the Client to choose the right Consultant by providing the Consultant’s individual assessment of the Consultant’s qualifications and skills as described in the Consultant’s terms and conditions.
- All kinds of services above may not be misused by any party for the purpose of profit and/or personal interest.
B. ABOUT CONSULTANT & CLIENT
- Consultant is Garuda Supplies or any person domiciled in the territory of the Unitary State of the United Kingdom who has registered and has registered with the Consultant membership on the Garuda Supplies website.
- The consultant referred to in number 1 has fulfilled the requirements as a Consultant so that he has the rights and obligations of Garuda Supplies and the Client.
- Each Consultant must perform all Work to the Client in a proper manner, in accordance with high standards of work and comply with all requirements set out in these terms and conditions.
- The Consultant must guarantee that all the Works carried out will be of quality work free from defects, omissions, errors or fraud within a certain period of time as will be agreed between the Consultant and the Client.
- If there is a non-conformity with the above guarantee, then the Client must notify the Consultant of such nonconformity and the Consultant must immediately correct or replace his work until the agreement is valid between the Client and the Consultant.
- In addition to the above guarantees, the Consultant must provide the best service in order to be able to provide benefits to the Client.
- Client is a Vendor or Buyer who has been registered on the Garuda Supplies website and has fulfilled all the requirements as a Vendor or Buyer who has the rights and obligations of Garuda Supplies.
- The Client has the right to audit and examine all documents and/or records related to the work of the Consultant.
- Garuda Supplies provide consulting services to Clients from time to time depending on the scope of work to be carried out.
C. BENEFITS OF USING A CONTRACT MANAGEMENT SERVICES
- Clients get various services from qualified Consultants.
- Clients get advice and assessment from Garuda Supplies in selecting a Consultant.
- Clients get assistance to carry out various business activities in United Kingdom, Europe, ASEAN and worldwide.
- Clients can improve company performance by using contract management services.
- Clients get access to zoom to do various activities with the Consultant.
- The Client may meet with a qualified Consultant to discuss the scope of the Work to be performed (additional charge applies).
- The client gets the Consultant’s time sheet for review and can control the work done by the Consultant on a weekly basis.
D. CLIENT TERMS
- The Client is a member of the Vendor or Buyer membership who has fulfilled the requirements to become a Vendor or Buyer on the Garuda Supplies Website which is regulated in the terms and conditions of Vendor membership and Buyer membership.
- The Client must allow Garuda Supplies to upload all documents that have been provided to Garuda Supplies such as project documents to be provided to the Consultant.
E. CONSULTANT TIME SHEET
- The client gets a Consultant Time Sheet containing details of weekly working hours every Friday and must sign it as proof of approval by the following Tuesday.
- Timesheet must be submitted every Friday and must be returned (Consultant Timesheet signed by the Client) to Garuda Supplies no later than Tuesday of the following week. If the Client does not sign the timesheet before the following Tuesday, then Garuda Supplies will assume that the Consultant failed to carry out the work being carried out and will engage to seek a settlement solution with the parties involved (Client & Consultant).
- Garuda Supplies reserves the right to suspend the provision of work to be carried out, until an agreement is reached between all parties involved.
- If there is a dispute in the time sheet, the Client can replace the Consultant by paying a replacement fee and certain conditions as detailed in the cooperation agreement.
F. ABOUT DATA
- The Client must provide all data and/or documents required by Garuda Supplies to provide transparent information about the project scope to the Consultant.
- Clients must not provide false and/or false data which may cause loss to Garuda Supplies.
- Such data or documents must be provided to us at the time of registration or at any other time in accordance with the agreement of Garuda Supplies.
- The Client shall not share and/or publish any data or documents belonging to the Consultant without the written consent of Garuda Supplies and the Consultant.
- More detailed issues regarding data, schedules and others will be discussed clearly in the cooperation agreement.
- If the Client provides false information, Garuda Supplies may cancel the Client’s member membership.
- The Consultant must agree and guarantee to keep all applicable documentation and records belonging to the Client for a certain period of time.
- The Client has the right to know all kinds of data and/or documents required to verify the correctness of the fees stated in any Consultant’s invoice at any time within a certain period of time.
G. SECURITY AND INSURANCE
- The Client shall provide the Consultant with appropriate insurance in relation to the work or services performed by the Consultant.
- The Client must provide security guarantees regarding the work or services provided by the Consultant to the Client.
- To ensure safety in the work or service, the Consultant must also avoid the use, transportation and possession of firearms, drugs and/or prohibited substances, as well as alcoholic beverages.
- The Consultant agrees that under certain or necessary circumstances, the Client has the right to carry out reasonable searches of individuals, personal belongings, vehicles when entering, being and exiting the Client’s premises.
- The Consultant must report any accident or incident that results in injury, damage or loss to the Client.
- The Consultant must defend, release, indemnify and hold harmless the Client and its parent company, affiliated companies, officers, directors, agents, employees or any company on whose behalf the Client has contracted, or any third party who is contractually obligated to indemnify the Client. Client.
- The matters referred to in item 1 include, but are not limited to, liens, claims, causes of action, costs, expenses, or losses (including but not limited to attorney fees) relating to the illness or death of the Client, Consultant or anyone else brought to the Consultant’s job site. If there is a violation, a compensation fine with a certain nominal will be regulated further.
- The Client will defend, release, indemnify and hold harmless the Consultant and its parent company, affiliated companies, officers, directors, against all liens, claims, demands, causes of action, costs, expenses or losses (including but not limited to attorney’s fees) relating to the illness or death of the Client, loss or damage to property belonging to the Client, the Consultant or anyone at the job site arising from an incident or a direct or indirect result of the performance of the work, the presence of the individual at the job site, the journey to the job site, execution and/or violation of these terms and conditions.
- The risk allocation set out in this paragraph will remain in effect in all circumstances except for a force majeure event.
I. SERVICE EXCLUSION
- The contract management services provided by the Consultant to the Client only includes the things that have been mentioned in paragraph A.
- All kinds of activities or services that are not expressly mentioned in paragraph A, are not included in the contract management services.
- If the Client wishes to obtain services that are not regulated as referred to in point 2 (two), then the Client must make a separate service agreement which must be ordered in advance with Garuda Supplies.
- All travel costs or waiting time incurred during the provision of contract management services do not include Garuda Supplies services.
J. NON – COMPETITION AGREEMENT
- By using the services of Garuda Supplies, the Consultant and the Client agree not to:
- Cooperation or other activities that are considered competitors of Garuda Supplies; and,
- Conducting activities that may harm Garuda Supplies’ business activities.
- The term of this non-competition agreement is 12 (twelve) months from the end of the cooperation between the Client, Consultant and Garuda Supplies.
K. NON – DISCLOSURE OR CONFIDENTIAL AGREEMENT
- The Client will use the Information provided by Garuda Supplies only for the purpose of implementing the Cooperation Agreement.
- The Client undertakes to safeguard Garuda Supplies’ confidential information properly and will not share it and/or publish it to third parties or other parties without the written consent of Garuda Supplies and the Consultant.
- This non-disclosure or confidentiality agreement is governed by and construed under the laws of the United Kingdom, without regard to any conflict of law principles contained therein.
- This agreement is valid from the date of the Client’s registration to become a member of Garuda Supplies until the date of termination of the agreement by the parties.
L. FEES AND PAYMENT TERMS
- Clients are charged a fee when registering to become a Vendor or Buyer member at Garuda Supplies in accordance with the selected membership tier set out in the terms and conditions of Vendor and Buyer membership.
- The fees given by the Client to use consulting services are specifically regulated in the cooperation agreement.
- Garuda Supplies reserves the right to charge additional fees for additional services requested, ordered and/or received by the Client.
- The client is obliged to pay the consulting service fee on time as detailed in the cooperation agreement.
- Clients can make payments in 3 ways, namely via Paypal, Bank Transfer and credit cards.
- If the Client chooses to pay via Paypal, then the Client must fill in the Paypal email address.
- If the Client chooses to pay by Bank Transfer, then the Client must fill in: (i) account name, (ii) account number, (iii) bank name, (iv) bank address, (v) routing number.
- Information regarding payment will be provided further in the agreement.
- Garuda Supplies does not accept payment in cash or any foreign payment methods unless it has obtained written approval from Garuda Supplies.
- If the Client does not pay the service fee to Garuda Supplies which is past due for 30 (thirty) days, then Garuda Supplies has the right of retention, which is to retain all important information and/or documents. In addition, Garuda Supplies also reserves the right to suspend activities, as well as services provided to the Client.
M. TAX PROVISIONS
- The Consultant shall pay all taxes, duties, licenses and fees collected, assessed and/or incurred by the Consultant directly or indirectly in connection with these terms and conditions imposed by any government authority.
- If point 1 (one) is not fulfilled by the Consultant, then the Client has the right to deduct the amount paid by the Client for taxes and government fees from the amount that is due to the Consultant under these terms and conditions.
N. FORCE MAJEUR
- Any party may be released from these terms and conditions if hindered by a force majeure event.
- The force majeure event in question is a riot, strike, war, terrorist act, civil disturbance, governmental authority (whether such authority is real or assumed), fire, flood, hurricane, other disaster, or other such cause which is reasonably in the beyond the control of the affected party.
- Any party to these terms and conditions who is unable, in whole or in part, to carry out its obligations under these terms and conditions due to force majeure must immediately provide written notice of this matter to the other party stating fairly in detail about the underlying circumstances. the force majeure.
- Any party to these terms and conditions claiming force majeure must make maximum efforts to use all reasonable efforts to eliminate the cause of the force majeure.
Each party must immediately give written notice to the other party as well as to Garuda Supplies of the termination of the force majeure and shall resume the performance of the suspended obligation as soon as reasonably practicable after the termination of the force majeure.
O. TERMINATION OF SERVICE
- The entire service may terminate if:
- Has expired;
- The client does not extend the Garuda Supplies service cooperation;
- There are subjective and objective elements that are violated in the legal terms of the agreement;
- Receive claims from the Client due to the failure or gross negligence of the Consultant;
- It is specified otherwise in the cooperation agreement letter.
- Garuda Supplies has the right to refuse a request to terminate the consulting services unilaterally if based on the views and opinions of Garuda Supplies there are indications of counterfeiting, fraud, or other actions that violate the provisions of applicable regulations in United Kingdom and international law.
- Not complying with the applicable terms and conditions as described above.
- The client uses another company to carry out activities that may harm Garuda Supplies.
- Violating trade compliance regulations (TCC) and/or embargo rules.
P. COMPLIANCE WITH THE LAW
- Consultants and Clients must ensure that they will comply with all applicable laws and regulations in each of their work.
- Each Consultant shall defend, indemnify and hold harmless the Client from the company or any third party against any claim or penalty arising in connection with the Consultant’s failure to comply with such rules.
- The Consultant must ensure that he or she has a permit or license from the government authorized to perform a job for the Client to avoid violating the law or other administrative sanctions.
- The Consultant shall warrant that it will use all tools, equipment, articles or methods in any work that does not infringe any license, patent or other intellectual property rights of any third party.
- If the Consultant does not comply with point 4 (four), the Consultant must indemnify and hold harmless the Client against any claims or actions of any type of violation or unlawful act committed by the Consultant.
Q. PROHIBITIONS AND LEGAL PROVISIONS
- Consultants and Clients are prohibited from abusing any product, service or action provided by Garuda
- Consultants and Clients are prohibited from misusing data or documents in any form.
- Consultants and Clients are prohibited from transferring, distributing, or notifying other parties (other than the parties to the agreement) in physical form, electronic media and/or other media that can be used to divulge our and/or Consultant’s secrets. This can be excluded if there is written approval from Garuda
- Consultants and Clients are prohibited from providing false and/or false data which may harm Garuda
- Consultants and Clients are prohibited from carrying out activities in any form that may harm or create a bad image for Garuda
- Consultants and Clients are prohibited from carrying out activities in any form that can harm outside parties.
- Consultants and Clients are prohibited from violating the embargo rules, TCC rules and United Kingdom criminal law.
- Consultants and Clients are prohibited from knowingly or fabricating force majeure circumstances with the aim of deceiving or deceiving other parties, especially Garuda
- If any party violates this provision, then Garuda Supplies can process the matter in accordance with the relevant laws applicable in United Kingdom.
- If the Consultant, Client or other party commits any or all actions that can be categorized as violating applicable law, then Garuda Supplies must be released from lawsuits, whether civil, criminal charges or other legal provisions that apply globally by any party.
R. GENERAL PROVISIONS
- The parties shall not be liable for any special damages incurred directly or indirectly, or consequentially as a result of the repair or replacement of work carried out by the Consultant, including, without any limitation, loss of profits.
- Any term or condition, or part thereof, which is declared or determined to be unlawful, invalid, prohibited or unenforceable under the applicable law of any jurisdiction shall be deemed invalid to the extent that such determination does not invalidate, impair the validity or render it invalid, any other terms or conditions of these Garuda Supplies terms and conditions, and such designation in any jurisdiction shall not invalidate, diminish the validity or invalidate such conditions in any other jurisdiction.
- Notwithstanding any provision in the Terms of Service giving rise to any dispute, dispute, claim or difference arising between Garuda Supplies and the Client in connection with the provision of this Service including the breach, termination or validity of the terms and others, Garuda Supplies and the Client will endeavour to , for a period of thirty (30) days after receiving notification from the party or parties regarding the existence of a Dispute, to resolve the Dispute through deliberation between each party first. If the Dispute cannot be resolved by deliberation within thirty (30) days, then the Dispute may be submitted and finally resolved by arbitration in United Kingdom.
- If the parties do not want to settle the dispute through arbitration, then the dispute resolution can be carried out with the option of a civil lawsuit or even criminal prosecution in the competent district court.
- The terms and conditions of the Garuda Supplies Service which contain the rights, obligations and licenses granted under these Terms and Conditions of Service are not assignable or assignable, except by mutual written agreement.
- The terms and conditions of this Service shall be governed by and construed under the laws of the United Kingdom. All parties agree to submit to the jurisdiction of the courts in the territory of the United Kingdom in relation to and/or in connection with the Terms and Conditions of this Garuda Supplies Service.
- Garuda Supplies reserves the right and is free at its sole discretion to reduce, add and/or change these terms and conditions at any time as needed.
BY USING THIS SERVICES, CONSULTANTS AND CLIENTS MUST ACKNOWLEDGE, SUBMIT, AND FOLLOW ALL POLICIES IN THIS TERMS AND CONDITIONS PAGE.
Last Modified: 03 January 2021