AGREEMENT
ENTERED INTO BETWEEN
………………………………………………………………..
Registration No: ………………………………
(Hereinafter: “…….”)
represented by ………………………………………………
(Hereinafter: “……”)
And
(Hereinafter” ……..”)
PREAMBLE
…….. is in the business of contracting with individual Entrepreneurs; SMME’s, Corporates, Government and Parastatals to supply innovative technology-based products, services and business solutions.
……. wishes to engage ……………… as a business development and account management officer with the specific purpose of promoting …………’s products and services by prospecting for suitable and appropriate new potential clients; securing financially viable contracts 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 …………………’s products and services.
…………… and ……………… have agreed to enter into a written fixed term service provider agreement with the following terms and conditions:-
1.2. All proposals and sales related communication that includes a financial consideration or decision shall be taken after consultation and express written authorization from ………….
2.1. This agreement shall be in force for a fixed term from the … of ………… 20…to the ….. of ……. 20.., and then from the ….. of …… 20.. until the …… 200…
3.1. A retainer of R……………., inclusive of VAT per fortnight shall be paid at month end on or before the last day of each month. Payment is subject to receiving a valid invoice from the Consultant for the respective period.
3.2. No retainer shall be paid during the period ……… 20.. until ……………… 20…
3.3. Commission of ..% of the gross margin of any contract in respect of which …… was the effective cause shall be paid after subtracting any retainer paid during the month in which the contract was secured.
3.4. Commission will only be paid once the client has paid the contract price in full.
3.5. a) Payment of commission is subject to …. achieving sales, of which …… was the effective cause, of no less than R…….., excluding VAT, per month.
R……, excluding VAT, per fortnight.
3.6. In the event that …… achieves a sales target of projects with the combined gross margin of more than or equal to R………………….. , excluding VAT, in any running period of ….. weeks ending ………. 20.., you will receive an additional ..% commission on any gross margin sales exceeding R………………. for that period.
3.7. …. shall pay …… any commission accrued to him on the ..th , or at the end of the month in which the clients have paid all contract fees invoiced by that client.
3.8. …… shall be required to invoice …… on the ..th of every month in respect of which any retainer or commission may be due.
4.1. …… shall be required to attend weekly performance meetings and submit a weekly timesheet specifying the number of suitable prospects; client meetings; submitted proposals; secured clients (closed contracts) and business from existing clients achieved by him.
4.2. Upon evaluation by …. of ……’s performance over any fortnight period and on ascertainment thereof by them to be below standard and unlikely to achieve target, …. shall be unequivocally entitled to immediately terminate the contract on 5 ordinary days written notice.
…… by law stands in a fiduciary relationship to …. so that, without derogation from the generality of the duty thereby created, and on shall:
6.1 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 5 days written notice to remedy the breach.
6.2 Should the defaulting party fail to remedy the breach within 5 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.
7.1. 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: ……………………………………….
Fax: …………………………………………………….
……………………………………….:
Physical address: …………………………………….
Postal address: ……………………………………….
Fax: …………………………………………………….
7.2. 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.
7.3. 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.
7.4. 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.
7.5. 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.
8.1. 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.
8.2. 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.
8.3. 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.
8.4. 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.
8.5. 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.
8.6. 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.
8.7. 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.
8.8. Headings for each clause are for convenience only and not as aids to interpretation of this agreement.
8.9 The masculine includes the feminine and the neuter and the singular the plural.
At On 2012
___________________
As Witnesses
Signed by ……………………
At On 2012
___________________
As Witnesses
2. ……………………