AGREEMENT

 

ENTERED INTO BETWEEN

 

………………………………………………. (PTY) LTD

Registration No: ………………………../..

 

 

Represented by

 

…………………………………..

ID: ………………….

 

…………………………………………

ID: …………………

 

 

And

 

 

……………………………………… CC

 

Registration Number : ………./…………../..

 

Represented by

 

……………………………………

 

 

 

 

 

 

 

 

PREAMBLE

…………………………………..  is in the business of contracting with individual entrepreneurs; SMME’s;  corporates; government and parastatals to supply cutting-edge medium and long-term products services and business solutions in the office supplies and information technology sector;

…………………………………. wishes to engage ……………………….. CC to perform their business development and account management function with the specific purpose of promoting …………………….  products and services by prospecting for suitable and appropriate new potential clients; securing sales with suitable clients and enhancing existing client relationships with a view to securing repeat business and future business for the short, medium and long-term with regard to ………………………………….  products and services;

…………………………… and ……………… CC have agreed to enter into a written fixed term service provider agreement with the following terms and conditions:-

 

IT IS HEREBY AGREED:

1.         Terms of engagement and work requirements:

 

• On signature hereof ……………………….. CC is appointed as business development and account management provider/ functionary for ………………………….. products and services and shall be required to:

 

1. actively be engaged in business development and account management of ….;

 

1. generate leads; source suitable and appropriate potential clients; ……………….. with the qualification and structuring of contract opportunities with these clients and drafting proposed contracts of engagement and securing deals to stage of completion; communicating with clients during the work phase to ensure that the clients who have contracted with ………………………… are satisfied with …………………………………

 

1. engage with ………………………………… clients and enhance the relationship between ……………………………………  and the clients with a specific intention of securing repeat business and a long-term client relationship;

 

1.2.      All material financial decision making shall be taken after consultation and express written authorization from …………………………………………………

2.         Period of agreement

 

2.1.   This agreement shall be in force for a fixed term from the ………………… 20.. to the ……………… 201..

 3.        Remuneration, Shares and contribution 

 

3.1       A monthly Payment of R ………………. will be paid into the account of …………………. CC with the following details:

 

account number : ……………………………………..bank

Account Holder : …………………………………………..

Type: ……………………………………………………….

Branch Code: ………………………………………………

 

3.2.      Commission of 50% of the gross profit margin of any contract in respect of which …………………. CC or its employee (……………………) was the effective cause shall be paid upon receiving of written Order

 

3.3.      Commission will only be paid when a confirmed order has been made in writing.

 

3.4.      Payment of commission will be paid into the Account of ………………………. T/a …………………… projects.

 

 

4. 4. Breach and/ or Inadequate Performance:

 

4.1       In the event of either party committing a breach of any of the clauses of this agreement, then the aggrieved party shall be entitled to give the defaulting party 7 days written notice to remedy the breach.

 

4.2       Should the defaulting party fail to remedy the breach within 7 days of receipt of the aforementioned notice, then the aggrieved party shall be entitled to cancel this agreement or to claim specific performance in either event, without prejudice to the aggrieved party’s rights to claim damages or any of the aggrieved party’s other rights in terms of common law.

 

5.   Notices and Domicilium Addresses

 

5.1.      The parties hereto choose as their  domicilium citandi et executandi for all notices and the service of all processes the following addresses:

………………………………………………………….

 

Physical address: …………………………………….

 

……………………………………

 

……………………………………

 

Postal address       …………………………………..

……………………………………

…………………………………..

5.2.      Any and all notice to any party shall be addressed to it at its aforesaid address and either be sent by prepaid registered post or facsimile or be delivered by hand.

 

5.3.      Any party shall be entitled by notice in writing to the others, to change its domicile to any other address, provided that the change shall become effective only fourteen days after service of the notice in question.

 

5.4.      Notwithstanding anything to the contrary herein contained, a written notice or communication actually received by a party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at such party’s chosen address.

 

5.5.      Save as hereinbefore otherwise provided any notice required to be given hereunder shall be sufficiently given to the either party if forwarded by registered post, or telefax  to the last known postal address or telefax number of the that party. Every notice shall be deemed to have been received and given at the time when in the ordinary course of transmission it should have been delivered at the address to which it was sent.

 

6.        Miscellaneous Clauses

 

6.1.      The parties consent and submit to the jurisdiction of the Magistrate’s Court as required by Section 45 of Act 32 of 1944, as amended, with reference to any dispute arising from or in connection with this agreement, notwithstanding the nature thereof or the amount involved thereby.

 

6.2.      The Parties agree to costs on a scale as between attorney and own client in respect of legal proceedings pertaining to the recovery of amounts due to either of the Parties from the other in terms of this agreement.

 

6.3.      This document embodies the entire agreement between the parties relating to the matters dealt with herein and no representation, warranty or undertaking was made nor were any other terms agreed except as incorporated herein.

 

6.4.        Save as may be contained herein, this agreement is not subject to any suspensive or resolutive conditions either preventing or postponing the coming into operation hereof.

 

6.5.      None of the terms and conditions of this agreement is capable of being waived, amended, added to or deleted, unless such waiver, amendment, addition or deletion is reduced to writing and is signed by the parties hereto.

 

6.6.      No indulgence on the part of any party in exercising any right conferred upon such party in terms of this agreement shall constitute a waiver or notation of any such right, nor shall any single or partial exercise of any right preclude any other or future exercise thereof or the exercise of any other right under this agreement.

 

6.7.      This agreement shall be binding on and enforceable by the estates, heirs, executors, administrators, trustees, assigns, liquidators, curators or other legal representatives of the parties as fully and effectually as if they had signed this agreement in the first instance and reference to any party shall be deemed to include such party’s estate, heirs, executors, administrators, trustees, assigns, liquidators, curators or other legal representatives as the case may be.

 

6.8.      Headings for each clause are for convenience only and not as aids to interpretation of this agreement.

 

6.9       The masculine includes the feminine and the neuter and the singular the plural.

 

 

 

 

Signed by ………………………………………in their capacity as Owners of

…………………………………….(PTY) Ltd

 

At                                 On                                20..

 

___________________

 

As Witnesses

 

1. …………………….

 

2. …………………….

 

 

Signed By : …………………………………….. in his capacity as duly authorised representative of ………………………………………….. CC

 

Signed By :

 

 

At                                  On                                20..

 

___________________

As Witnesses

 

1. ……………………

 

 

2. ……………………