CONTRACT FOR SERVICE
This new agreement made the ............ day of ..................................... 20........ Between ................................................... (The Client) – and (The Contractor) whereby ........................................, whereby the client desires to retain the services of the Contractor and the Contractor is willing to perform the services for upon the terms and conditions set forth in this Agreement.
Terms of Agreement
The term shall commence from __________ and shall continue to ____________. This Agreement can be renewed by mutual consent of the parties hereto mentioned on mutually agreeable terms and conditions for a period of time as agreed by the parties.
Position
The contractor will act as a consultant on ___________________
Hours of work
The contractor will report for work on weekdays from 8am to 4pm. Lunch breaks are granted. The contractor must report to work on public holidays.
Consultancy Fees
Clients will pay the contractor a fee of __________ on a monthly basis for services performed. The Contractor is required to raise an invoice on a monthly basis. The Contractor will pay taxes at source from payments made to him by the client each month of service performed. Payment by the client is due by the 5th of the following month of service performed.
Confidentiality
The contractor undertakes not at any time during the term of this agreement to divulge or allow to be divulged to any person any information relating to the Client which constitutes confidential information.
Relationship
Contractor is retained by Client solely for the purposes and to the extent set forth in this agreement, and Contractor’s relationship to the client shall during the terms of this agreement be that of an independent Contractor.
Communication
Any notice or other official communication given under or in connection with this Agreement will be personally communicated to the Contractor by the Client through hand delivered letter, email or text.
Indemnity The Contractor shall indemnify and keep the client indemnified against any loss, damage or liability that the client may suffer resulting from any illegal acts or negligence of the Contractor which may affect any of the Client’s staff or executives.
Safety Procedures
The consultant shall abide by and observe all relevant safety precautions and procedures as required by the Client including wearing of any protective clothing and equipment if necessary.
Medical Cover
Injuries while on duty will be taken care of by the Client.
Proper Law of Contract
This agreement shall be governed by and construed in accordance with laws of Kenya.
Renewal The term of this agreement may be renewed based on the observation and evaluation of the Contractor’s performance as reflected by the evaluation forms and other relevant documents.
Dispute Resolution All disputes and questions whatsoever which shall arise between the parties hereto touching this agreement, be referred to the decision of a single Arbitrator to be appointed in accordance with the provisions of the Arbitration Act or Acts amending or replacing the same. The decision of such arbitrator shall be final and conclusive and binding on the parties.
Termination
This agreement may be terminated by either party giving to the other 30 days written notice. The Client reserves the right to withhold all deposits/payments if the service provider discontinues without giving adequate notice as stated above. In the case of any gross violation of professional ethics or the contract the agreement may be terminated with immediate effect.
Force Majeure a) Definition of Force Majeure
Neither party to this contract may be considered to be in default if the performance of their obligations, in whole or in part, is delayed or prevented or if contractual obligations cannot be met in entirety by a force majeure event. Force Majeure is an external event that is unforeseen, which renders or irresistible, which renders it impossible for either party to fulfill its contractual obligations. Force Majeure events include acts of God, flood, earthquake or other Natural Disaster, epidemic or pandemic, terrorist attack, war, preparation for war, imposition of sanctions or breaking off diplomatic relations. b) Suspension of Services If during the term of this Agreement the Client is unable to utilise the Contractor’s services, due to Force Majeure event, the Client shall have the right, as soon as possible through a prior notice to the Consultant, to suspend the Contractor’s services for the duration of such Force Majeure event, or for any part thereof, and no compensation will be paid or accrued to the Contractor during any such period of suspension, provided that the suspension shall end as the Force Majeure event terminates. During the period of suspension of contract, the Contractor will be on unpaid leave with suspension of wages and/or associated benefits as Clients may advise. c) Termination of Services The Contractor understands and agrees that his/her job may end without notice, or payment, if the Force Majeure event persists for a period exceeding 3 months, or immediately, if the said event, in the reckoning of the Client, makes it impossible for the Institution to operate in the immediate foreseeable future. In such event the Contractor will be paid all accrued salary and benefits, together with 1 month pay in lieu of notice. The employment of the Consultant shall thereby be terminated absolutely.
NOTE: PLEASE SIGN ONLY AFTER HAVING READ, UNDERSTOOD AND ACCEPTED THIS CONTRACT.
EMPLOYER: _____________________
EMPLOYEE NAME: _________________________________
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Witness:(Name)________________________________Signature:__________________Position:_____________________________________Date:_______________________
Disclaimer: This document is not to be taken as legal advise.
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