IT2015Terms and Conditions
CONSULTING AND OTHER PROFESSIONAL SERVICES AGREEMENT
1OBJECT OF AGREEMENT
The Customer and the Supplier specified below have agreed in accordance with the Terms and Conditions of this Agreement onConsulting and Other Professional Services (hereinafter jointly the “Professional Service”).
2CONTRACTING PARTIES AND CONTACT PERSONS
Customer: ______
Business identity code:______VAT reg.
Customer’s address:______
Customer’s contact person:______
Supplier:______
Business identity code: ______VAT reg.
Supplier’s address:______
Supplier’s contact person:______
Each Party to this Agreement shall without undue delay inform the other Party in writing of any change regarding its contact person. The contact person is not authorised to agree on changes to thisAgreement.
3PROFESSIONAL SERVICE
3.1 Professional Service constituting the object of the delivery
[ ]Professional Service isspecified in annex number_____.
[ ]ProfessionalService is specified as follows:
______
3.2 Reporting of the Professional Service
[ ]Reporting has been agreed on in annex number _____.
[ ]Reporting has been agreed on in accordance with IT2015 EAP Special Terms and Conditions for Consulting and Other Professional Services annexed to thisAgreement.
[ ]The following has been agreed on reporting: ______
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3.3 Acceptance of the results of the Professional Service
[ ]Acceptance has been agreed on in annex number _____.
[ ]Acceptance has been agreed on in accordance with IT2015 EAP Special Terms andConditions for Consulting and Other Professional Services annexed to thisAgreement.
[ ]The following has been agreed on acceptance: ______
______
______
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3.4Rights to the results of the Professional Service
[ ]The rights have been specified in annex number_____.
[ ]The rights have been specified in accordance with IT2015 EAP Special Terms andConditions for Consulting and Other Professional Services annexed to this Agreement.
[ ]The rights are specified as follows:
______
______
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The Customer shall have the right to use the documents and other results produced as a result of the Professional Service
[ ]In accordance with the annex number_____.
[ ]In accordance with IT2015 EAP Special Terms andConditions for Consulting and Other Professional Services annexed to thisAgreement.
[ ]As follows:
______
______
______
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4SERVICE HOURS
The Supplier shall perform the services during the following service hours:
[ ]Monday to Friday ____.____ – ____.____ excluding public holidays.
[ ]As follows:
______
______
______
______
5PRICES AND PAYMENT TERMS
5.1Fees
[ ]The fees are specified in annex number____.
[ ]The fees shall be determined in accordance with the Supplier’s current pricelist.
[ ]The fees are specified as follows:
______
______
______
______
5.2Payment terms
[ ]The payment terms are____ days net from the date of delivery or the date of invoice, whichever is later.
[ ]The payment terms have been specified in annex number ______.
[ ]The payment terms have been specifiedas follows:
______
______
______
[ ]The invoicing has been specifiedin annex number ______.
[ ]The invoicing has been specifiedas follows:
______
______
______
6VALIDITY OF AGREEMENT
[ ]ThisAgreement shall remain in force for a fixed period of time and shall expire without further notice
[ ] On ____.______.
[ ]When the Professional Service has been performed as agreed.
[ ]ThisAgreement shall remain in force until further notice in accordance with the IT2015 EAP Special Terms and Conditions for Consulting and Other Professional Services annexed to thisAgreement.
[ ]ThisAgreement shall remain in force until further notice.
The period of notice for the Customer is ______[ ]days/[ ]months.
The period of notice for the Supplier is ______[ ]days/[ ] months.
The period of notice shall be calculated from the last day of the month during which notice of termination has been given.
The Customer may terminate this Agreement to expire on ______at the earliest.
The Supplier may terminate this Agreement to expire on ______at the earliest.
7 SUBCONTRACTING
[ ]Subcontracting has been agreed in annex number ____.
[ ]Subcontracting has been agreed in accordance with the IT2015 YSE General Terms and Conditions annexed to thisAgreement.
[ ]Subcontracting has been agreed as follows:
______
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8CONFIDENTIALITY
[ ]Confidentiality has been agreed in annex number ____.
[ ]Confidentiality has been agreed in accordance with the IT2015 YSE General Terms and Conditions annexed to thisAgreement.
[ ]Confidentiality has been agreed as follows:
______
______
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9LIABILITY FOR DAMAGES AND LIMITATION OF LIABILITY
[ ]Liability for damages and limitation of liability have been agreed in annex number ____.
[ ]The maximum liability for damages of a Party towards the other Party based on thisAgreement shall not, excluding possible liquidated damages payable due to delay, service credits or other similar contractual penalties or credits, exceed in aggregate ______Euros. If aParty has an obligation to pay liquidated damages payable due to delay, service credits or other similar contractual penalties or credits, the Party is also liable to pay damages only for the part of the loss exceeding the liquidated damages payable due to delay, service credits or other similar contractual penalties or credits. In addition, sections 12.3 - 12.5 of the IT2015 YSE General Terms and Conditions shall apply.
[ ]The maximum liability for damages of a Party towards the other Party based on thisAgreement shall not, excluding possible liquidated damages payable due to delay, service credits or other similar contractual penalties or credits, exceed in aggregate _____ percent of the total price for the Professional Service excluding the value added tax. If aParty has an obligation to pay liquidated damages payable due to delay, service credits or other similar contractual penalties or credits, the Party is also liable to pay damages only for the part of the loss exceeding the liquidated damages payable due to delay, service credits or other similar contractual penalties or credits. In addition, sections 12.3 - 12.5 of the IT2015 YSE General Terms and Conditions shall apply.
[ ]The maximum liability for damages of a Party towards the other Party based on thisAgreement shall not, excluding possible liquidated damages payable due to delay, service credits or other similar contractual penalties or credits, exceed in aggregate the calculatory monthly price for Professional Serviceat the point of breach of contract, excluding the value added tax, multiplied by _____. If aParty has an obligation to pay liquidated damages payable due to delay, service credits or other similar contractual penalties or credits, the Party is also liable to pay damages only for the part of the loss exceeding the liquidated damages payable due to delay, service credits or other similar contractual penalties or credits. In addition, sections 12.3 - 12.5 of the IT2015 YSE General Terms and Conditions shall apply.
10OTHER PROVISIONS
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11 annexES OF AGREEMENT AND ORDER OF PRIORITY
11.1The following annexes form an integral part of this Agreement (please number the annexes):
______
______
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______
11.2The following IT2015Terms and Conditions also form an integral part of this Agreement:
[ ]IT2015 EAP Special Terms and Conditions for Consulting and Other Professional Services.
[ ]IT2015 YSE General Terms and Conditions.
11.3The order of priority documents relating to this Agreement is as follows:
1. This Agreement.
2. annexes to thisAgreement other than theIT2015Terms and Conditions.In case of discrepancy between these annexes, the annex with a smaller number shall prevail.
3. The special terms and conditions annexes of the IT2015Terms and Conditions annexed to thisAgreement.
4. IT2015 YSE General Terms and Conditions.
12 COPIES AND SIGNATURES
This Agreement has been executed in two identical copies, one for each Party.
Place and date Place and date
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Customer’s signatureSupplier’s signature
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Name(s) typed:Name(s) typed:
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