Contract for interim assignment (ref. nr. [nr])

 

 

The parties to this contract:

 

A.        [name], based [address], represented by [name], named hereafter: Organisation

 

            and

 

B.                 [name], based [address], executing assignments as a self employed contractor, named hereafter: Candidate

 

            and

 

C.        Offsite (Dutch Chamber of Commerce number 34109030), based at Oosteinderweg 399, 1432 BH  Aalsmeer, The Netherlands, represented by [name], named hereafter: Offsite

 

Considering:

 

·         Organisation is in need of temporary support by Candidate;

·         Candidate is able and willing to supply this support;

·         Offsite introduced Organisation and Candidate to one another and will facilitate proper execution of the assignment through contract writing, invoicing and limited quality control during the assignment;

·         parties want to confirm their cooperation through this contract.

 

 

Confirm:

 

Article 1. Scope

 

1.1              Organisation gives Candidate the assignment, and Candidate accepts this assignment, to give temporary support as a [function description].

 

1.2              Each party declares to have provided all essential information to the other parties regarding the assignment.

     

1.3              Candidate will do his best to execute the assignment succesfully, and according to professional standards. However the success of the assignment cannot be guaranteed.

 

1.4              Organisation will give the Candidate all necessary mandates to fulfill the assignment.

 

1.5              Offsite checks the quality of the execution of the assignment through regular contacts with both Organisation and Candidate. The success of the assignment however cannot be guaranteed through this quality control.

 

1.6              For reasons of effective quality control Candidate will weekly send an email to both Organisation and Offsite describing the results booked and the hours worked in that specific week.

 

1.7              Candidate reports to [name and function description] within Organisation.

 

 

Article 2. Term

 

2.1       The term of this contract is for a period of [number] months, starting at [date]and terminating on [date]. On average [number] days will be spent weekly. The minimal working time per day will be 8 hours.

 

2.2       Each party has the right to terminate the contract at any moment in time without the need of any (financial or other) compensation if it has the opinion that the execution of the assignment cannot be continued in the way as meant and described in this contract. In such a case a written message stating the motives and reasons has to be sent to the other parties a week before the actual termination.

 

2.3       This contract ends immediately if one or more of the parties is no longer able to pay its debts or becomes bankrupt.

 

2.4       Termination of the contract implies dismissal of all duties related to this contract.

 

 

Article 3. Renewal

 

3.1       If Organisation wants to renew this contract, it will notify the other parties at least two weeks prior to termination of the contract. In that case parties will try to renew the contract.

 

 

Article 4. Liability

 

4.1       Candidate and Offsite are liable for shortcomings in the execution of the assignment, in so far as these are caused by carelessness, inexperience and lack of crafmanship. This liability is limited to the fees received in this assignment. For assignments that last longer than six months this liability is furthermore limited to the maximum invoiced amount over the last six months.

 

            Liability claims need to be received within one year after the discovery of the damage; in all other cases, claims will be void.

 

4.2       Organisation is fully liable, and indemnifies both Candidate and Offsite, for alle damage caused by actions or lack of actions of personnel of Organisation

 

  

Article 5. Cooperation

 

5.1       Candidate and Offsite will not hire any personnel of Organisation during the assignment and the year after.

 

5.2       Organisation and Candidate will only work together through the services of Offsite during the assigment and three months after, unless Candidate is permanently hired for an indefinite period of time by Organisation without probation period.

 

 

Article 6. Declarations, invoices and payments

 

6.1       Organisation will pay Offsite a fee for the effective time that Candidate spends in the assignment. This fee amounts to [amount] Euro per hour. Offsite will pay ninety one percent of this fee to Candidate.

 

6.2       All travel and lodging expenses outside the Netherlands will be payed by Organisation.

 

6.3       Candidate invoices Offsite within five working days at the end of each month. Offsite invoices Organisation within five working days after receipt of Candidate’s invoice. Both invoices will state the reference number of this contract and include a timesheet (of the hours spent by Candidate in the assignment) that has been previously signed off by Organisation’s line manager of Candidate.

 

6.4       Organisation will pay each invoice within 30 days after receipt. Offsite will pay the part of Candidate within ten working days after receipt of the payment by Organisation.

   

 

Article 7. Confidentiaity

 

7.1       Parties will not disclose any confidential information regarding the other parties and the assignment.

 

7.2       Confidential information as meant in this article includes all non-public information about each party, such as information regarding business processes, business transactions, clients, employees and former, present and future research and development activities.

 

 

Article 8. Intellectual property

 

8.1       All intellectual and other property rights regarding the results of the assignment will be owned by Organisation.

 

8.2       Candidate will not present the results of the assignment to any third parties, nor will he use the results in other settings without prior consent in writing of Organisation.

 

 

Article 9. Other obligations

 

9.1       Each party will inform the other parties of any relevant changes in their business.

 

9.2       Parties will abide the law.

 

9.3       Candidate will follow the rules of the house when visiting locations of Organisation.

 

9.4       Changes and additions to this contract will always be made in a written contract.

 

 

Article 10. Applicable law / disputes

 

10.1     This contract is governed by and construed in accordance with the laws of The Netherlands. Any action to enforce this contract must be brought in the court of Amsterdam.

 

 

Article 11. Miscellaneous

 

11.1     All fees and costs mentioned in this contract are given exclusive VAT.

 

11.2     No general or other conditions are applicable to this contract.

 

11.3     This contract is only applicable when signed by all three parties.

  

 

 

Thus agreed upon and in threefold drawn up in Aalsmeer and signed at [date]

 

 

 

 

Organisation                                   Candidate                              Offsite

 

 

 

 

 

[name]                                             [name]                                    [name]