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Consultant Service Provider / Secondment Agreement

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When hiring a consulting company for your business, an agreement before you start should be put in place.

A secondment takes place when an employee (or group of employees) is temporarily assigned to work for another organization.

This agreement provides a basis for establishing the terms and conditions between the parties to the agreement prior to the inception of a project.

It covers:
- Secondment of employees;
- Secondees to remain employees of the service provider;
- Payment;
- Termination;
- Intellectual property.

This template is used globally.

Publicado en: Empresariales
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Consultant Service Provider / Secondment Agreement

  1. 1. SECONDMENT AGREEMENT Entered into between COMPANY A (hereinafter referred to as “Company A”) Reg. No.:[Insert] [Insert physical address] And __________________________________________ (Co. Name) (hereinafter referred to as “Service Provider”) Reg. no: ___________________________________________ Physical Address:___________________________________
  2. 2. applicable to the Secondees as an Employee of the Service Provider will remain in effect and continue to be applicable to the Secondees. 3.4 The Secondment agreement shall not be interpreted as creating an Employment relationship between Company A and the Secondees. 3.5 Company A relationship with the Secondees will remain that of a company and independent contractor and as such it is agreed that the labour legislation does not and shall not apply to this agreement. 4. COMPULSORY TIMESHEET COMPLETION AND SUBMISSION 4.1 Secondees shall submit timesheets for all hours worked on a monthly basis. Time not accounted for and approved on the timesheets will not be paid. 4.2 Travel reimbursement shall be at a rate of [Insert rate] per kilometre calculated as travel from Company A premises to the client. 4.3 Travel from home to the Company A offices will not be reimbursed. 4.4 Reimbursement for all reasonable business expenses incurred for or on behalf of Company A will be subject to approval as well as documentary proof of such expenses. 5. PAYMENT 5.1 The Fees payable in terms of this agreement shall be be based on an agreed rate per hour, per secondee based on the approved timesheets by the [Insert department name] department. 5.2 For the duration of this agreement, the Service Provider will be entitled to elect the payment mechanism most suitable for payment of the Service Provider’s secondees. 6. TERMINATION 6.1 Notwithstanding clause 2.1, this agreement shall be terminated by Company A with immediate effect if: 6.1.1 The Secondees fail or neglect efficiently and diligently to carry out reasonable instructions, or 6.1.2 Notwithstanding Clause 2.1, this agreement shall automatically terminate if the Secondees leaves the Service Provider’s employment This document is a partial preview. Full document download can be found on Flevy:
  3. 3. 10. SIGNED at ___________________________________ on _______________day of _______________20xx _______________________________ COMPANY A the signatory warranting that he is duly authorised thereto. Name: __________________________ Designation: _____________________ For the Service Provider SIGNED at ___________________________________________ on _______________day of _______________20xx _______________________________ Service Provider the signatory warranting that s/he is duly authorised thereto. Name: ___________________________ Designation: ______________________ This document is a partial preview. Full document download can be found on Flevy:
  4. 4. This Mutual Non-Disclosure Agreement (Agreement) is made as of [insert date], between Company A, incorporated under the laws of [insert country], with its principle address at [insert address] and [ABC Proprietary Limited], incorporated under the laws of [insert country], with its principle address at [insert client address details] (Client). The Client wishes to engage the Firm in providing [insert description of services]. In connection with such discussions to engage the Firm, the Client and the Firm recognize that there is a need to disclose to each other certain confidential information to be used only for considering the engagement of the Firm, the scope and costs of services to be provided by the Firm, confirmation by the Firm that there are no conflicts of interest or limitations in accepting the engagement from the Client and to protect such confidential information from unauthorised use and disclosure. In consideration of the other party's disclosure of such confidential information, each party agrees as follows: 1. Definitions In this Agreement and the recitals, unless clearly inconsistent with or otherwise indicated by the context: 1.1. Appointment means the appointment of the Firm to provide professional and/or consulting services to the Client, as the case may be. 1.2. Confidential Information means any technical or business information disclosed by one party to the other party that: (i) if disclosed in writing, is marked ‘confidential’ or ‘proprietary’ at the time of such disclosure; (ii) if disclosed orally, is identified as ‘confidential’ or ‘proprietary’ at the time of such disclosure, and is summarized in a writing sent by the Disclosing Party to the Receiving Party within thirty (30) days after any such disclosure; or (iii) under the circumstances, a person exercising reasonable business judgment would understand to be confidential or proprietary. Confidential Information will not include information that: (i) is now or thereafter becomes generally known or available to the public, through no act or omission on the part of the Receiving Party; (ii) was known by the Receiving Party prior to receiving such information from the Disclosing Party and without restriction as to use or disclosure; (iii) is rightfully acquired by the Receiving Party from a third party who has the right to disclose it and who provides it without restriction as to use or disclosure; or (iv) is independently developed by the Receiving Party without access to any Confidential Information of the Disclosing Party. 1.3. Disclosing Party means a Party that discloses Confidential Information to the Receiving Party. 1.4. Receiving Party means a Party that receives Confidential Information in terms of this Agreement. 2. Obligations of the Parties. Each party agrees: (i) to maintain the other party's Confidential Information in strict confidence; (ii) not to disclose such Confidential Information to any third parties; and (iii) not to use any such Confidential Information for This document is a partial preview. Full document download can be found on Flevy:
  5. 5. executive officer of the Receiving Party will certify, in a written statement provided to the Disclosing Party, that all such copies have been permanently erased or destroyed. 6. No Creation of Ownership Interests. All Confidential Information remains the sole and exclusive property of the Disclosing Party. Each party acknowledges and agrees that nothing in this Agreement will be construed as granting any rights to the Receiving Party, by license or otherwise, in or to any Confidential Information of the Disclosing Party, or any patent, copyright or other intellectual property or proprietary rights of the Disclosing Party, except as specified in this Agreement or as otherwise agreed by between the parties. 7. Remedies, Injunction, Etc. Each party acknowledges that the unauthorized use or disclosure of the Disclosing Party’s Confidential Information would cause the Disclosing Party to incur irreparable harm and significant damages, the degree of which may be difficult to ascertain. Accordingly, each party agrees that the Disclosing Party will have the right to obtain immediate equitable relief to enjoin any unauthorized use or disclosure of its Confidential Information, in addition to any other rights and remedies that it may have at law or otherwise. 8. Applicable Law and Dispute Resolution. This Agreement shall be governed by and construed in accordance with the laws of South Africa. 9. Entire Agreement. This Agreement is the complete and exclusive statement regarding the subject matter of this Agreement and supersedes all prior agreements, understandings and communications, oral or written, between the parties regarding the subject matter of this Agreement. 10. Assignment. Neither party may assign this Agreement, in whole or in part, without the other party’s prior written consent, and any attempted assignment without such consent will be null and void. 11. Term of the Agreement. The obligations of this Agreement will continue to apply to all trade secrets disclosed hereunder for so long as they remain trade secrets or are otherwise protected by applicable law, regulation or legal process, and to all other Confidential Information for two years after the date of the last disclosure of Confidential Information hereunder, at which time this Agreement will terminate. 12. Counterparts: This agreement may be executed in one or more counterparts, each of which will be deemed to be an original of this Agreement, and all of which when taken together, shall be deemed to constitute one and the same agreement.This document is a partial preview. Full document download can be found on Flevy:
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