Independent Contractor / Freelancer Agreement

Independent Contractors Agreement
between
[Company A]
(Registration Number: [insert])
(the Company)
and
[Insert independent contractor’s name]
(Identity Number: [insert identity number])
(the Contractor)

1. Interpretation
1.1 The headings to the clauses of this Agreement are used for the purposes of convenience
and reference only, and shall not govern or affect the interpretation hereof.
1.2 Unless inconsistent with the contents, the expressions set forth below shall bear the
following meanings:
1.2.1 Act means the [insert name of labour act in jurisdiction] as amended;
1.2.2 Agreement means this Independent Contractors Agreement, including any
annexures thereto;
1.2.3 Company means [insert name of Company A] a private company incorporated in
accordance with the laws of [insert country] with registration number [insert];
1.2.4 Contractor means [insert name], an adult [male/female], with identity number
[insert identity number];
1.2.5 Day means any day other than a Saturday, Sunday or public holiday in [insert
country];
1.2.6 Month means a calendar month;
1.2.7 Parties means the Company and the Contractor and Party means any of them, as
the context requires; and
1.2.8 Territory means [Insert country].
1.3 In this Agreement, unless a contrary intention clearly appears, words importing:
1.3.1 Any gender includes the other genders;
1.3.2 A natural person includes a juristic person and vice versa;
1.3.3 The singular includes the plural and vice versa.
2. Basis of Agreement
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3.3 Should either Party give the other Party 1 (one) month’s written notice of termination, the
Company shall not be required to make any payments in terms of this Agreement beyond
such termination date.
4. Duties and obligations of the contractor
4.1 The Contractor shall be responsible for:
4.1.1 The duties and obligations set out in annexure “A” to this Agreement; and
4.1.2 Such other duties as the Contractor is instructed to perform by the Company from
time to time.
4.2 The Contractor will, subject to the provisions of clause 4.3, not be precluded from entering
into similar contractors with other companies or persons.
4.3 During the currency of this Agreement, the Contractor undertakes not to enter into any
other Agreement, whether oral or written, for the provision of any services similar to the
service provided in terms of this Agreement to any competitor of the Company within the
territory, except with the written permission of the Company, which may be given in its sole
and absolute discretion.
4.4 The Contractor shall at all times faithfully, promptly and punctually perform the services
set out in this Agreement, and shall at all times act in the best interests of the Company.
5. Confidentiality
5.1 The Contractor shall keep secret and not use directly or indirectly or disclose or divulge to any
person any information which relates to the business of the Company which came to the
knowledge of the Contractor during the subsistence of this Agreement with the Company. All
information obtained by the Contractor during the subsistence of this Agreement with the
Company will be treated with absolute integrity and confidentiality.
5.2 Should the Company find that the Contractor has breached this confidentiality commitment to
the Company, the Company will be entitled to immediately terminate this Agreement and shall

7.1.1 The Contractor commits any material breach of any of the obligations under this
Agreement and fails to remedy such a breach after the Company has given the
Contractor 5 (five) days’ written notice to remedy such breach;
7.1.2 The Contractor does not fulfil his/her duties and obligations in terms of this
Agreement for 10 (ten) consecutive days or for 10 (ten) consecutive days on
average within any 3 (three) month period for any reason whatsoever;
7.1.3 The contractor is convicted of a criminal offense.
8. Domicilium
8.1 The Parties respectively choose domicilium citandi et executandi for all purposes of and in
connection with this Agreement as follows:
8.1.1 The Company:
Physical address: [insert]
Email address: [insert]
8.1.2 The Contractor:
Physical address: [insert]
Email address: [insert]
8.2 Any Party may by Notice to the other Party change its address and/or the person, if any,
for whose attention any Notice must be marked as stipulated in clause 8.1.
8.3 The Parties record their preference for email as the preferred means of correspondence.
8.4 Any Notice takes effect when received by the recipient (or on any later date specified in
the Notice) and, unless the contrary is proved, is deemed to be received:
8.4.1 On the day of delivery, if delivered by hand to a responsible person at the recipient’s
physical address stipulated in clause 8.1. If delivery is not on a Business Day, or is
after ordinary business hours on a Business Day, the Notice is deemed to be
received on the Business Day after the date of delivery;

waiving Party in respect of any continuing or other breach of the terms and conditions
hereof.
11.2 No favour, delay, or relaxation or indulgence on the Party of other Party in exercising any
power or right conferred on such Party in terms of this Agreement shall operate as a waiver
of such power or right, nor shall any single or partial exercise of any such power or right
preclude any other or further exercises thereof of the exercise of any other power or right
under this Agreement.
11.3 The expiry or termination of this Agreement shall not prejudice the rights of the other Party
in respect of any incident, breach or non-performance by any other Party of any of the
terms or conditions hereof.
12. Support
12.1 The Parties undertake at all times to do all such things, to perform all such acts, undertake all
such steps and to procure the doing of all such things, the performance of all such actions
and the taking of all such steps as may be open to them and necessary for and incidental to
the putting into effect or maintenance of the terms, conditions and import of this Agreement.
13. Sole Agreement
13.1 This Agreement constitutes the sole Agreement between the Parties and no representation
not contained herein will be of any force or effect between the Parties.
THUS DONE AND SIGNED AT ______________ on this the _________ day of _______________ 20xx,
in the presence of the undersigned witnesses:
As witnesses:
1. __________________________
2. __________________________ _______________________________

Annexure A – Responsibilities and duties of the Contractor

1
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Independent Contractor / Freelancer Agreement

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Independent Contractor / Freelancer Agreement