Service Agreement – time-based.
Key words / Description / Specific agreed issues / YNClient
Debtor / Correct Company’s Name with legal entity name
Authorized Representative
Street Address to deliver registered letter (i.e. Invoices, complaints, reminders)
Town, Zip
Country
E-Mail : Contractual matters
E-Mail : Invoice matters
Mobile Phone No / Whatsapp
Telephone Number
Facsimile Number
Consultant
Service Provider
Creditor / Name of Service Provider /
Free lancer’s enterprise / If small enterprise : type your company’s name
Authorized representative / Alpha Bravo Charly
c/o
Address / Street
Town, Zip Code
Country
E-mail 1
E-Mail 2
Mobile Phone / Whatsapp
Telephone Number
Facsimile number
TRUSTEE / My named trustee in Europe has the “power of authority” to deal with all contractual matters referring to this contract agreement / Full Name
Address
e-mail 1
e-mail 2
telephone no.
facsimile no.
General Provisions / Project Name / Country / …………………………………… / Iraq
Ruling language / English
Governing law / Civil Law
Partner / Client and Consultant are called Partner / Partners
Communication / Notices and all other communications shall be valid delivered via e-mail. The countdown will not be interrupted whatsoever.
Acknowledgement of receipt / The other party has to acknowledge the date / project time of receipt of any e-mail within three calendar days.The countdown of any deadline starts with the actual access of any notice, invoice, and documentary evidence.
Normal Working / Normal Twenty-two (22) working days per month
Seven (7) hours work deemed to be a equal one (1) working day (EU GCC Art. 29.6) / Agreed:
One (1) working day is equal eight (8) hours rendered n., a., e. services.
Monthly working days /
max. hours per month / Normal 22 working days / month @ 8 h per day =
normal 176 hours per month.
Place of mission / place of station (specify one town only) / Mosul (Iraq)
Travels outside the place of mission toSites A, B, C, ….
with return on the same day / A _ not applicable
B _
C _
Travelsoutside the place of mission to Sites X,Y,Z
with stay overnight / X _ not applicable
Y _
Z _
Overtime / Travel times - outside the usual 7-8 hours working hours - will be compensated / “Overtime” due to travel to meetings / sites – esp. outside the place of mission and normal working hours - will be recorded on the time sheet. These additional / exceptional time efforts will be compensated by money or by leisure time
(e.g. earlier return to home).
Foreign Exchange Rates / The Partners are applying the exchange rates for all currencies as published in the EU-source:
Advantage: All rates are fixed over the entire month.
Insurance / The service provider is responsible for his health / travel insurance.
Liabilities / The service provider is liable for gross negligence, deliberate default, fraud, reckless misconduct or fraudulent misrepresentation.
(White FiDiC Book, Clause 6)
Interpretations / If interpretations will arise, the parties shall refer to the General Conditions of Contract / White FiDiC Book.
Time Schedule for Services / Commencement and Completion of entire Services / Sample : 01 January 2018 up to 31.10.2018 latest.
Total input:
3 mission @ approx.. 2 months / 6 months @ 22 =
132 working days (normal services)
Mission No 1: Start / 01. January 2018
Duration / 40 working days @ 8 = 320 hours (40//40 wd)
Finish / ~ 24.02.2018
Mission No 2: Start / 01.05.2018
Duration / 50 working days @ 8 = 400 hours (50//90 wd)
Finish / ~14.08.2018
Mission No 3: Start / 01.09.2018
Duration / 42 working days @ 8 = 176 hours (42//132 wd)
Finish / ~29.10.2018
The scale of additional and exceptional services: / The extent of an increased input will be jointly / mutually agreed with the Partners / Team Leader and service provider.Oral agreements shall be acknowledge without any delay, latest within three (3) calendar days.
Retainer FEE
Stand-by Fee / Compensation for Stand-by times, after the 7th days of planned commencement. / If the first mission will not commence within +/- seven days, the contract partners shall either compensate the waiting time from the 08th day onward, or the service provider has the option to terminate the agreement without prejudice.(WFB Sub-Clause 4.9)
Synchronization 6 weeks ahead / The availability of the later missions shall be synchronized at least six weeks ahead to avoid retainer fee. Further delays shall be compensated or the contract shall be terminated with immediate effect.
Scope of Works / Project Name / Country / Mossul Trans Habour Link / Iraq
The type of services / Time-based, time input recorded in the time sheet.
Assigned Function / Advisor for Procurement
Normal Services (tasks, duties and responsibilities) / The TOR refers to the scope of works (tasks + duties + authorities + responsibilities) for the assigned function.
Additional Services / Increase of works / time input shall be regarded as additional services and shall be extra compensated.
Exceptional Services / Travel times outside of the place of mission necessarily to perform the Contract obligations have to be extra compensated based on an hourly rate.
Remedies / If the Employer of the project request changes, modifications or rectifications, the Service provider will amend the alterations against compensation within the normal working hours or as exceptional service hours.
Provided
by
Client / Client provides free of charges / Client provides free of charges
Pre-paid Return Ticket / The Client provides the pre-paid e-ticket number for both directions.
Pick up at airport / The Client will pick up the service provider with two persons at the airport to prevent kidnapping / abduction. He provides a photo (i.e. via Whatsapp), names and mobile phone number.
EU-Per diem 2017 provided / Not applicable, because company provides / pays for the appropriate Hotel Accommodation inclusive breakfast.
Amount per presence day / Current EU per diems 2017 preferred, to the Hotel
Hotel with West-European Standard / The Hotel will meet West-European Standard.
Safety and security measures / The Hotel is secured with armed personnel.
Food Allowances / 50 USD pocket money per “presence day” in the country, if no EU-per diem will be paid
Vehicle and Driver / The Service provider will be picked up daily to travel form the Hotel / armed secured Guesthouse to Office, return to home or for site visits with back-up vehicles esp. in unsafe areas.
Remuneration / Bad living conditions +35% / Considered already in the basic fee
Unsafe conditions in fragile / post-war countries + 35% / Considered in the basic fee in context with travels
out of the place of mission / station-
Basic monthly fee, i.e. Lump sum for agreed normal working day and hourly rate. / Lump sum 15.400 USD NETper months – EXCLUDIND VAT/GST and EXCLUDES all type of TAXES - , based on 22 working days equal 154 - 176 hours per month,
e.g 15.400 USD / 154 hours p m = 100 USD/hour.
Exceptional Services
i.e. Travel time outside the usual working hours / If the travelling will take place in excess of the daily worked hours, the exceptional service has to be compensated. The time sheet will record Start – Usual Finish time + additional travel times.
Authorized persons to sign / Team Leader’s Name:
Proxy’s Name:
Time sheet at the end of each calendar month / The time sheet signature shall not be delayed. If the signature cannot get at the end of the respective month, the time sheet deemed to be approved by the Client
Advanced payment:
per EU-DIEM / pocket money / EU - Per diem 100%. If guest house, agree to a pocket money :
60 USD@30 presence days due prior to departure of mission. Better to request 100% EU per diem and pay the Guesthouse for your own.
Advance payment:
Lump sum for Rent of vehicle with fuel to travel from residence to airport. / USD-Invoicing: 150 USD * 2 ways = 300 USD
Three hundred USD
EUR-Invoicing: 130 EUR * 2 ways = 260 EUR
Two hundred and sixty EUR
Monthly invoices FEEs and incidental expenditures / The method of measurement is based on the time sheet: Hourly rate = lump sum / one hundred seventy six (176) hours per months times approved render services
Invoices with supporting documents shall be sent via e-mail / pdf-file. / The Client has to approve the completeness of required documents for payment procedure within three calendar days. The Client has to acknowledge the receipt of all communication (i.e. invoices, notices,… ) within three calendar days.
If he Clients fails to request missing information, the Consultant can rely on that payment will not be delayed whatsoever.
Payment deadline
- credited on the Consultant’s bank account -. / Fourteen (14) calendar days, count down start with e-mail access of the scanned invoice / supporting documents without any interruption.
ZERO TAX / Zero Country’s Taxes in “place of mission / place of station” for freelancer. / The Employer of the Free Lancer will pay all type of local TAXES (i.e. GST / VAT, All type of income, corporation, others) directly in the mission’s country.
Payment / Terms of Payment / The Service Provider / Consultant submit his “monthly” invoices at the end of each calendar month (30 / 31. of the respective months, for torso months too). No reduction of the invoice amount will be done. The Employer pays all type of local TAXES and GST / VAT directly and separately.
Method of measurement / The rendered normal, additional, exceptional services will be measured in hours per month, esp. due to the fact, that the service provider is said to travel outside the normal working hours.
Methods of payment / The Clients remits the invoice amount to the German bank account.
The transfer fee is fully being paid by the Client.
Time of “advanced” payments / “Invoices Advances” shall be paid immediately, prior to departure abroad / ahead of any mission.
Time for “monthly payments” at the end of calendar month (torso months) / Fourteen (14) calendar days, countdown with actual access of the invoice sent via e-mail.
Price changes / Price adjustment formula will not apply, because the contract performance period is below 24 months.
Currency of “Invoice /Payment” / USD / US-Dollar / United States Dollar
Taxation / VAT will not be due, because the service will be rendered outside of the EU27+1
Currency of Creditor’s “Account” / US-Dollar or EURO or RMB or ???
Attention: The Freelancer operates an USD-Account in Germany.
Account Holder
IBAN
BIC / Swift
Bank name
Late / Delayed Payment
and Termination / Delayed payment is considered as a substantial breach of Contract. / The debtor is entitled to terminate the contract with immediate effect, however shall not prejudice or affect the accrued rights or claims and liabilities of the parties (White FiDiC book – Sub-Clause 4.9).
Liquidated Damages
for late payment / Sanction for delayed payment: Zero Dot Zero five percent (0,05 %) per calendar day
Mediation / Alternative Dispute Resolution / If a dispute will arise, each party shall appoint an technical expert within 7 days, and these two experts shall propose a resolution within twenty-one (21) days to the referring and responding party. The parties shall be deciding for final and conclusive solution - within the next seven (7) days -.
Contract Agreement acknowledged by
Client / / Consultant / Free Lancer
…………………………………… / …………………………………………….
Date: / Date:
GuB 20170731a Gray FIDUC Contract AgreementPage 1 _ 1