Service Contract

Assignment

Assignment - We Agree that
The Client is  
  • Name

 
  • Address

 
  • Telephone

 
  • Email address
  
The Service Schedule Is annexed hereto as Annexure A
The Service is The selected Service in the Service column of the Service Schedule or see Annexure A hereto
The Price is The Prices provided for each selected Service in the Price column of the Service Schedule or see Annexure A hereto
The Starting Date is  
The Completion Date is  
The Assessment Date is         of each month
The Consultant’s Agent is  
If the period for payment is not 10 days. The period for payment is         days after each Assessment Date
The dispute resolutions process is Arbitration under by and under the expedited rules of the South African Association of Arbitrators.
The place where arbitration will be held is  
The person who will choose the arbitrator if the Parties cannot agree is  
The Contract is the Service Conrtact (v1.0 dated 1 November 2015)
Particular Conditions n/a (or See Annexure A hereto)

The Client by this Assignment engages the services of Consultant to provide the Services and Agrees to pay the Prices. The Consultant accepts this Assignment

 

Signed: Client per:

Full Names

 

Signed Consultant

per Gavin C. Weiman

Service Contract (v1.1 dated 21 May 2016)

1. Contract

  • The Parties agree to act as stated in this Contract in good faith.
  • Italicised word have the meaning set out in the Data and words with initial capitals are Defined Terms.
  • The Client appoints the Consultant to provide a Service identified in an Assignment
  • This Contract :
    • sets out, in the Services Schedule, the Service and Prices for which the Consultant will agree to undertake an Assignment;
    • set out the provisions enabling the Client to place Assignments on the Consultant;
    • creates no obligation on the Client to assign any Service to the Consultant.

2. Defined Terms

  • Agent means the Consultant’s Agent.
  • Agreed and Agreement mean agreed between the Parties by email or otherwise in a form that can be read, copied and recorded.
  • An Assignment is Agreed between the Parties and engages the Consultant to provide a specified Service to the Client.
  • This Contract is the latest version published online at http://www.contractractconsulting.co.za. This Conrtact includes an Assignment.
  • The Client is the Client.
  • The Consultant is Contract Consulting (Pty) Ltd 2013/081791/07 of 35 Edward Road Westdene, Benoni, 1501.
  • Data particularises variables in italics in this Contract.
  • Particular Conditions are the Particular Conditions that are additional to, or amend, this Contract and Agreed by the Parties.
  • The Parties means the Client and the Consultant.
  • The Prices are the amounts stated in the Price column of the Service Schedule as included in an Assignment. Where a quantity is stated for an item in the Services Schedule, the Price is calculated by multiplying the quantity by the rate.
  • To Provide the Service means to do the work necessary to complete an Assignment and all incidental work and actions required by this Contact.
  • The Service is a service described in the Service column of the Service Schedule as included in an Assignment
  • The Service Schedule is the Service Schedule.

3. Interpretation

  • Singular, plural and gender references are interchangeable.
  • Consultant means the Consultant’s Agent or Associate Agent where so indicated.
  • Day means a working day.
  • If no Consultant’s Agent is identified in the Data the Consultants Agent is Gavin Charles Weiman. (Email) gavin.weiman@icloud.com
  • South African national law applies to the interpretation and effect of this Contract or an Assignment.

4. Commencement, Termination & Dispute Resolution

  • This Contract commences on the date of the first Assignment and will continue until either Party gives the other 15 (fifteen) days notice terminating this Contract.
  • The effect of termination is that no new Assignments may be placed after the expiry of the notice period, and only obligations created by existing Assignments continue.
  • Disputes are resolved by Arbitration as indicated in an Assignment.

5. Assignments

  • If the Client wishes to engage Consultant’s Service it does so by means of an Assignment.
  • An Assignment is substantially in the form attached and indicates the:
    • Assessment Day
    • Price,
    • Service,
    • Service Schedule
    • Starting Date,
    • Completion Date
    • Particular Conditions, if any,
    • Constraints on how the Service is to be provided
    • Programme requirements, if any,
  • The Consultant does not start an Assignment before the Starting Date and completes and Assignment on or before the Completion Date.
  • The Client accepts the Assignment when it is complete and certifies completion within 5 (five) days.

6. Communication and Management

All communications required by this Contract or an Assignment are in a form that can be read copied and recorded.

The Parties notify each other as soon as they become aware of any matter that might affect

  • The Price,
  • Delay the Completion Date,
  • Impair the usefulness of the Service to the Client or
  • Affect the work of the Client or others with whom the Client is in contract.

The Parties co-operate in considering and making proposals for how the effect of a notified matter can be avoided or reduced and deciding and recording which actions are to be taken. Such actions can include additional Service or Prices or Particular Conditions Agreed by the Parties.

7. The Client’s Responsibilities

  • The Client provides information and other things that an Assignment requires by the dates stated in an Assignment and generally provides the Consultant with all reasonable assistance in completing the Assignment
  • The Parties may change any Assignment if they Agree.
  • The Client does not require an action contrary to an Agents professional code of conduct.
  • The Client does not represent that it is the agent of the Consultant.

8. The Consultant’s Responsibilities

  • The Consultant Provides the Service in accordance with an Assignment.
  • The Consultant’s obligation is to use the skill and care normally used by professionals providing services similar to the Service.
  • The Consultant subcontracts only as provided in an Assignment or Agreed.
  • The Consultant does not represent that it is the agent of the Client.
  • The Consultant is not liable for any damages suffered by the Client if the Consultant is unable to complete an Assignment due to illness or any other unforeseen event or impossibility in which event the Assignment will be determined and neither party has a claim against the other.
  • No claim for damages by the Client against the Consultant for non-compliance by the Consultant of any provisions of this Contract or an Assignment may exceed the total of the Prices that are due and payable to the Consultant under the Assignment that is alleged to have been the source of the Breach. Otherwise no damages are payable by the Consultant to the Client arising from this Contract or an Assignment.

9. Confidentiality

  • Unless expressly permitted in writing by the Parties do not publish or permit to be published either alone or in conjunction with any other person any information, articles, photographs or other illustrations relating to or connected with this Contract or the work of the staff of the Parties.
  • The Parties maintain in confidence all information provided to each other or their officers or employees or contained in this Contract and all information developed or arising from the execution of this Contract. The Parties may only disclose information to the extent necessary to effect the execution of the Contract and after obtaining from any relevant third party appropriate protection acceptable to the Parties as to confidentiality.

10. Pricing and Payment

  • Each Assignment has a monthly Assessment Day from its Starting Date until its Completion Date. The Consultant submits an invoice to the Client for payment on or before each Assessment Date.
  • The Consultant's invoice shows how the amount due has been assessed. The first invoice is for the amount due. Other invoices are for the change in the amount due since the previous invoice.
  • The amount due is :
    • the Price for each lump sum item in the Service Schedule which the Consultant has completed,
    • where a quantity is stated for an item in the Services Schedule, an amount calculated by multiplying the quantity which the Consultant has completed by the rate,
    •  the amount of the expenses stated in the Price List properly spent by the Consultant,
    • for work carried out on a time charge basis, the time expended on work which has been completed multiplied by the appropriate rate and
    • other amounts to be paid to the Consultant less amounts to be paid by or retained from the Consultant.
    • Any tax which the law requires the Client to pay to the Consultant is included in the amount due.
  • The Client corrects any wrongly assessed amount due and notifies the Consultant of the correction and his reasons for each correction before payment becomes due. He pays the amount of his assessment. The Consultant either
    • corrects the invoice to a sum agreed by the Client or
    • provides further information to justify the invoice.
  • Payment
    •  Unless a different period is stated in the Contract Data, each payment is made within 10 days after the Assessment Date.
    •  Interest is paid if a payment is late or includes a correction of an earlier payment. Interest is assessed from the date by which the correct payment should have been made until the date when it is paid. Interest is calculated at the rate of 0.5% per five (five) days of delay unless another rate is stated.

 

Service Schedule