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The Sub-Contracting Agreement - Single Job is a service agreement that outlines the terms and conditions between the sub-contractor and the company. The agreement is entered into with the purpose of providing services to the company's customers. The document starts with an interpretation section, defining key terms such as agreement, services, completion date, and agreement price.
The sub-contractor's obligations are outlined in section 2, which states that the sub-contractor must carry out the services with due care, diligence, and in a good and professional manner. They are also required to comply with any instructions or variations issued by the company and adhere to all applicable statutes, regulations, and bylaws.
Section 3 focuses on the completion of the work. It states that the services should be completed by the agreed completion date. If there is a delay, the company may grant an extension of time for completion. However, if the services are not completed by the completion date, the company is entitled to liquidated damages at a specified rate per week.
Section 4 covers the warranties from the sub-contractor. It states that any quality issues within the warranty period will be promptly rectified by the sub-contractor at their own expense. The sub-contractor also warrants that they have secured all necessary licenses and bonds, and that their services will be performed in accordance with applicable laws and regulations. Additionally, they warrant that their work will not infringe any third-party rights.
The agreement also includes provisions on assignment, conflict of interest, non-solicitation, modification, payment, independent contractor status, sub-contractor responsibility for personnel, rights in work product, confidentiality, termination, and dispute resolution. The document concludes with a jurisdiction clause and provisions for notices and service.
Overall, this agreement is crucial for establishing a clear understanding between the sub-contractor and the company regarding the provision of services, completion timelines, warranties, and other important aspects of the working relationship.
1. Enter the Contractor's and Customer's information in the agreement, including their principal place of business. This ensures that both parties are clearly identified.
2. Clearly specify the agreed price and completion date of the work to be carried out by the Contractor. This will ensure that both parties are aware of the expectations and deadlines.
3. Clearly describe the type(s) of services to be provided by the Contractor. This ensures that both parties are aware of the scope of work and can avoid any misunderstandings.
4. Both parties should agree on the length of warranty and time of payment after the completion of the work. This ensures that both parties are aware of the payment terms and the length of the warranty.
5. If the work is not completed by the completion date, specify the amount of damages per week that the Customer is entitled to. This ensures that both parties are aware of the consequences of non-completion.
6. The sub-contractor should not assign the agreement or sub-contract the performance thereof without the prior written consent of the company.
7. The sub-contractor should avoid any conflicts of interest and refrain from soliciting the company's customers during the term of the agreement and for a specified period thereafter.
8. The sub-contractor is free to provide services to other clients as long as they are not in competition with the company and there is no interference with the contractual obligations to the company or the customers.
9. Any modifications to the agreement should be made in writing and agreed upon by both parties.
10. The company should pay the agreed price to the sub-contractor within the specified number of days after completion of the services.
11. The sub-contractor should understand that they are an independent contractor and not entitled to employee benefits provided by the company.
12. The sub-contractor is responsible for the actions of their personnel and the payment of their compensation and benefits.
13. The ownership of the work product resulting from the agreement is jointly owned by the company and the sub-contractor.
14. The sub-contractor should maintain the confidentiality of any confidential information provided by the company and use it only for the purposes of performing the services.
15. Either party may terminate the agreement in certain circumstances, and termination may result in the sub-contractor delivering any copies of drawings or plans and receiving a fair and reasonable compensation for completed services.
16. The agreement does not confer any rights under contracts for third parties.
17. The parties should make reasonable efforts to resolve any disputes amicably and in good faith.
18. Notices should be served in accordance with the specified methods and addresses provided in the agreement.