Free of charge: Contract Template for Appointing a Freelancer
expats4china provides this contract template for free, please adjust it to your needs. Note that we do not take any responsibility for legal effects using this template.
Contract Agreement for Service
1. CONTRACT FOR SERVICES
This agreement is to formally set out the terms of the agreement
between <Expat name>
trading as <Expat company name>
of <Expat address> (The Expat)
and <Client name>
of <Client address> (The Client).
a) The Client carries on the business of <Short description of business nature>.
b) The Expat has agreed to provide services related to <short statement outlining service to be delivered> (hereinafter named The Service).
c) The Client desires to engage the expat to provide the Service and the Expat have agreed to accept the engagement subject to the terms and conditions hereinafter provided.
3. DURATION OF AGREEMENT:
The term of this agreement will commence on <Start date> and terminate on <Finish date>.
4. CONTRACTOR OBLIGATIONS:
a) The Expat shall carry out their Service to the best of their ability and to a standard acceptable to the Client. The individual Expat has undertaken to provide the Service and may not subcontract the Service to any other party unless so authorized by the Client in writing.
b) Where the Expat is so authorised, the Expat shall ensure that the staff engaged by the Expat will be suitably qualified. In this respect, the Client will be entitled to inspect and approve a list of personnel along with their qualifications that may be involved in providing the service. Without prejudice to the generality of the clause headed "Termination" herein, the Client shall be entitled to terminate the contract forthwith if it is not satisfied with the professional skill of any or any alternative members of staff used or nominated by the Expat.
5. FEES, TERMS AND RELATIONSHIP:
a) During the duration of this agreement, the parties agree that the Expat shall be an independent expat and not the servant or employee of the Client.
b) The Expat will be paid a rate of US$ <rate> per hour for their service. Invoices are to be issued on a monthly basis with signed timesheets to support hours worked and shall include an additional 10% GST. The payment terms will be <period> days from the date of invoice. The payment will be subject to any direction of the ChinaTaxation Office and/or any provision of Tax Acts relating to any deduction, retention or other withholding of moneys required to be made or affected by the Client in respect of fees for professional services.
c) As an independent Expat, the Expat shall bear exclusive responsibility for the payment of Income Tax contributions, insurances and superannuation contributions on fees received in consideration of the Service rendered under this agreement.
d) The Expat will be responsible for all GST liabilities if any due in respect of fees received under this agreement.
e) The Expat shall not be entitled to any sick leave, overtime, holiday entitlement nor shall be subject to the legislative code regarding employee’s rights.
f) The Expat shall be entitled to form a company controlled by the Expat for the purposes or rendering the service due under this agreement.
6. AUDITS / VISITS
a) If the said Service is to be completed at a location other than the Client’s work premises, the Expat shall agree to site visits/audits during the course of the contract and as the Client deems necessary, from time to time. Furthermore, if a subexpat is to be engaged, the Expat shall agree to appropriate site visits/audits by both the primary Expat and their sub-expat.
b) Should the Client not be satisfied with the performance of the expat, the contract may be terminated.
The Expat agrees not to disclose any information to third parties, arising as a result of this contract either during or subsequent to this contract. It is hereby agreed by both parties hereto that no publication of the works, or the results of it, shall be made by either party without written consent and that they will not disclose to third parties any information arising as a result of this contract either during or subsequent to this contract.
This contact may be terminated by either party without cause by giving <period> notice in writing. In the event of improper conduct by the Expat, or failure to comply with the terms hereof to the satisfaction of the Client, the engagement may be terminated without notice in which case no remuneration or compensation will be paid for any unexpired portion
Unformated preview of the document: 'Contract Template for Appointing a Freelancer': Part 2