Contractor Template v1

8/8/2019 Contractor Template v1

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Innovative Performance

AGREEMENT ENTERED INTO BY AND BETWEEN

AND

Name of Contractor


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AGREEMENT

AGREEMENT ENTERED INTO BY AND BETWEEN

(HEREINAFTERREFERREDTOAS THE CLIENT)

AND

Name of Contractor

ID NUMBER

OF

Address

(HEREINAFTERREFERREDTOAS THE CONTRACTOR)


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1. RESPONSIBILITIES

(a) The Contractor will provide consulting services and assistance in the area(s)of system analysis, system design and programming, hereinafter collectivelyreferred to as services as shall be requested by the Client, on the terms and

conditions appearing herein, so far as they are applicable.

(b) The signature by the Client of the relevant Confirmation of Contract schedule,attached hereto as Schedule A, shall constitute, upon acceptance by theClient, a deemed agreement between the Client and the Contractor, for theengagement of the Contractor referred to herein on the terms and conditionsappearing herein, so far as they are applicable.

2. TERMINATION OF CONTRACT

(a) Normal termination of the Contractors services may be effected by either theClient or the Contractor and will be subject to a notice period of one month(30 days) by both parties.

(b) In the event of the Contractor not meeting any of the Clients standards andtechnical requirements, the Client shall be entitled to terminate theContractors services by issuing the Contractor with 24 hours notice.

(c) Irrespective of the notice period stipulated in the Confirmation of Contractschedule (Schedule A), should the Contractor not receive payment on thedue date, the Contractor reserves the right to withdraw any services to theClient without further notice.

3. CHARGES

(a) Fees will be calculated according to time worked by the Contractor. The rateapplied will be agreed in each individual case and will be tabled in theConfirmation of Contract schedule.

(b) If an assignment is for a period longer than six (6) months, the Contractorreserves the right to increase the rate after six (6) months. This will benegotiated with the Client and the Client will subsequently be notified inwriting of such a change.

(c) Time will be recorded by the Contractor on a time sheet. These sheets formthe basis of charging and once signed by the authorised representative of theClient indicate the Clients acceptance of all the hours as reflected on the timesheet.

(d) An invoice of fees due will be rendered to the Client by the Contractor on amonthly basis for hours worked up to the 15th of the month, by the 16th of themonth. In the event of any errors being found in the calculation of the hourson the time sheet, subsequent to it being signed off by the Clients


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representative, these errors must be brought to the attention of the Contractorwithin twenty one (21) days of the invoice date, and the adjustment will bemade on a subsequent months invoice.

(e) The Client undertakes to remit payment to the said Contractor on the 25 th of

each month for the hours submitted in 3(d) above. In the event of the Clientnot remitting payment within the required time, interest will be charged at theprevailing prime rate on the outstanding amount.

(f) Under no circumstances will the Contractor be required to pay the Client forthe use of any of the Clients facilities or equipment in order to perform theservices required.

(g) Any travelling and living expenses incurred by the Contractor for which theClient will reimburse the Contractor will be agreed upon beforehand in eachindividual case and tabled in the Confirmation of Contract schedule.

(h) Any special or unusual expenses incurred by the Contractor at the Clientsspecific request will be charged by the Contractor at cost to the Client. In thecase of car travel, A.A. Rates applicable at the time will apply. This excludesnormal daily travelling to and from work, unless otherwise indicated in theConfirmation of Contract schedule.

(i) Employees Tax will be deducted from fees payable to the Contractor by theClient as per the tax tables from the Receiver of Revenue..

4. LOCATION OF WORK

(a) Services rendered by the Contractor will be at location(s) and times agreedupon beforehand in each individual case with the Client.

5. OWNERSHIP AND CONFIDENTIALITY

(a) All rights, including copyright, in respect of programs written anddocumentation produced by the Contractor during the term of this Agreementwill vest in the Client and be retained by the Client without further payment ofany consideration, unless otherwise specified in an addendum to this contractand signed by the Client.

(b) It is contemplated that pursuant to the rendering of services, information ordata of a confidential or proprietary nature may be disclosed to the Contractor.The Contractor will accept such information in confidence and is not to copy,disclose or reproduce such information and will restrict the use of such dataexclusively to purposes directed by the Client.


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6. OBLIGATIONS AND LIABILITIES

(a) All negotiations regarding the contract must be done directly with theContractor, eg. extensions, rate negotiations, notice, etc.

(b) This Agreement supercedes all prior agreements between the Client and theContractor and represents the whole Agreement which shall not be capable ofbeing varied except in writing, signed by the Client and the Contractor.


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SIGNED BY:_____________________ SIGNED BY:_______________________

CONTRACTOR For and on behalf of:

DATED: _____________________ DATED: _______________________

WITNESSED: ___________________ WITNESSED: _____________________

DATED: _____________________ DATED: _______________________


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CLIENTS CONFIRMATION OF CONTRACT

CLIENT :

CONTRACTOR :

ADDRESS :

COMMENCEMENT DATE : :

COMPLETION DATE :

NOTICE PERIOD :

RATE OF PAY : R per hourR per km

OVERTIME RATE : No Overtime needed

TIME SHEETS TO BECOUNTERSIGNED BY :

SPECIAL TERMS : Overtime may only be worked at therequest of the Client. Overtime onlyapplies after 20h00 and before 06h00 onweekdays, and for all hours worked on

weekends and public holidays.


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This Confirmation of Contract is subject to the following:

(a) The terms and conditions of the Agreement entered into and betweenxxxxxxxxxxxxx and xxxxxxxxxxxxxxxxxxxxxxxx

SIGNED BY:_____________________ SIGNED BY:_______________________

CONTRACTOR For and on behalf of:

DATED: _____________________ DATED: _______________________

WITNESSED: ____________________ WITNESSED: _____________________

DATED: ______________________ DATED:_______________________


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Contractor Template v1

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Transcript of Contractor Template v1