Innovative Performance

AGREEMENT ENTERED INTO BY AND BETWEEN

AND

Name of Contractor
 AGREEMENT

AGREEMENT ENTERED INTO BY AND BETWEEN

(HEREINAFTER REFERRED TO AS “THE CLIENT”)

AND

Name of Contractor

ID NUMBER

OF

Address

(HEREINAFTER REFERRED TO AS “THE CONTRACTOR”)

1. RESPONSIBILITIES

(a) The Contractor will provide consulting services and assistance in the area(s)
of system analysis, system design and programming, hereinafter collectively
referred 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 the
Client, a deemed agreement between the Client and the Contractor, for the
engagement of the Contractor referred to herein on the terms and conditions
appearing herein, so far as they are applicable.

2. TERMINATION OF CONTRACT

(a) Normal termination of the Contractor’s services may be effected by either the
Client 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 Client’s standards and
technical requirements, the Client shall be entitled to terminate the
Contractor’s services by issuing the Contractor with 24 hours notice.

(c) Irrespective of the notice period stipulated in the Confirmation of Contract

schedule (Schedule ‘A’), should the Contractor not receive payment on the
due date, the Contractor reserves the right to withdraw any services to the
Client without further notice.

3. CHARGES

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

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

(c) Time will be recorded by the Contractor on a time sheet. These sheets form
the basis of charging and once signed by the authorised representative of the
Client indicate the Client’s acceptance of all the hours as reflected on the time
sheet.

(d) An invoice of fees due will be rendered to the Client by the Contractor on a
monthly basis for hours worked up to the 15th of the month, by the 16th of the
month. In the event of any errors being found in the calculation of the hours
on the time sheet, subsequent to it being signed off by the Client’s
 representative, these errors must be brought to the attention of the Contractor
within twenty one (21) days of the invoice date, and the adjustment will be
made on a subsequent month’s invoice.

(e) The Client undertakes to remit payment to the said Contractor on the 25th of
each month for the hours submitted in 3(d) above. In the event of the Client
not remitting payment within the required time, interest will be charged at the
prevailing prime rate on the outstanding amount.

(f) Under no circumstances will the Contractor be required to pay the Client for
the use of any of the Client’s facilities or equipment in order to perform the
services required.

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

(h) Any special or unusual expenses incurred by the Contractor at the Client’s
specific request will be charged by the Contractor at cost to the Client. In the
case of car travel, A.A. Rates applicable at the time will apply. This excludes
normal daily travelling to and from work, unless otherwise indicated in the
Confirmation of Contract schedule.

(i) Employees Tax will be deducted from fees payable to the Contractor by the
Client 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 agreed
upon beforehand in each individual case with the Client.

5. OWNERSHIP AND CONFIDENTIALITY

(a) All rights, including copyright, in respect of programs written and

documentation produced by the Contractor during the term of this Agreement
will vest in the Client and be retained by the Client without further payment of
any consideration, unless otherwise specified in an addendum to this contract
and signed by the Client.

(b) It is contemplated that pursuant to the rendering of services, information or

data 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 data
exclusively to purposes directed by the Client.
6. OBLIGATIONS AND LIABILITIES

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

(b) This Agreement supercedes all prior agreements between the Client and the
Contractor and represents the whole Agreement which shall not be capable of
being varied except in writing, signed by the Client and the Contractor.
SIGNED BY: _____________________ SIGNED BY: _______________________

CONTRACTOR For and on behalf of:

DATED: _____________________ DATED: _______________________

WITNESSED: ___________________ WITNESSED: _____________________

DATED: _____________________ DATED: _______________________

 CLIENT’S CONFIRMATION OF CONTRACT

CLIENT :

CONTRACTOR :

ADDRESS :

COMMENCEMENT DATE : :

COMPLETION DATE :

NOTICE PERIOD :

RATE OF PAY : R per hour

R per km

OVERTIME RATE : No Overtime needed

TIME SHEETS TO BE
COUNTERSIGNED BY :

SPECIAL TERMS : Overtime may only be worked at the

request of the Client. Overtime only
applies after 20h00 and before 06h00 on
weekdays, and for all hours worked on
weekends and public holidays.
This Confirmation of Contract is subject to the following:

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

SIGNED BY: _____________________ SIGNED BY: _______________________

CONTRACTOR For and on behalf of:

DATED: _____________________ DATED: _______________________

WITNESSED: ____________________ WITNESSED: _____________________

DATED: ______________________ DATED:_______________________