Company Letterhead
{{company_name}}
{{company_address}}
Phone: {{phone}}
Email: {{email}}
Website: {{website}}
Personal Service Agreement
This Personal Service Agreement ("Agreement") is entered into as of {{effective_date}}, by and between:
{{client_company_name}}, a company duly organized and existing under the laws of [Jurisdiction, e.g., South Africa], with its principal place of business at {{client_company_address}} (hereinafter referred to as "Client");
AND
{{service_provider_name}}, an individual residing at {{service_provider_address}}, [ID/Passport Number: {{service_provider_id_number}}] (hereinafter referred to as "Service Provider").
The Client and the Service Provider are hereinafter collectively referred to as the “Parties” and individually as a “Party”.
1. Scope of Services
The Service Provider agrees to perform the services ("Services") as detailed in Schedule A attached hereto and forming an integral part of this Agreement.
The Services shall commence on {{start_date}} and shall be completed on or before {{end_date}}, unless otherwise extended by mutual written agreement of both Parties.
The Service Provider shall perform the Services in a professional manner, exercising the degree of skill, care, and diligence normally exercised by professionals performing similar services under similar circumstances.
2. Compensation
In consideration for the performance of the Services, the Client shall pay the Service Provider a fee of {{currency}}{{agreed_fee}} [e.g., ZAR {{agreed_fee}}] per [e.g., hour/day/project].
Payment shall be made [e.g., weekly/monthly/upon completion of milestones] within {{payment_terms_days}} days of receipt of a valid invoice from the Service Provider.
The Service Provider shall be responsible for all applicable taxes, levies, and contributions arising from this Agreement, including but not limited to income tax and value-added tax (VAT) where applicable. The Client shall not be responsible for withholding or paying any taxes on behalf of the Service Provider.
Any expenses reasonably incurred by the Service Provider in the performance of the Services shall be reimbursed by the Client, provided such expenses are pre-approved in writing by the Client and supported by valid proof of expenditure.
3. Independent Contractor Status
The Service Provider is an independent contractor and not an employee, partner, or agent of the Client. This Agreement does not create an employer-employee relationship between the Parties.
The Service Provider shall be solely responsible for their own employment benefits, taxes, insurance, and other statutory deductions.
The Service Provider shall have no authority to bind the Client to any contract or obligation.
4. Confidentiality
During the term of this Agreement and thereafter, the Service Provider shall not disclose to any third party any confidential information obtained from the Client, including but not limited to business plans, trade secrets, customer lists, and financial information.
The Service Provider shall take all reasonable steps to protect the Client's confidential information from unauthorized disclosure.
5. Intellectual Property
All intellectual property rights, including copyrights, patents, and trademarks, arising from the Services performed under this Agreement shall belong to the Client upon full payment of the agreed fees.
The Service Provider agrees to assign all such intellectual property rights to the Client and to execute any documents necessary to perfect such assignment.
6. Termination
This Agreement may be terminated by either Party by giving {{notice_period}} days' written notice to the other Party.
Either Party may terminate this Agreement immediately upon written notice if the other Party commits a material breach of this Agreement and fails to remedy such breach within {{cure_period}} days of receiving written notice thereof.
Upon termination, the Service Provider shall promptly return all property and confidential information belonging to the Client.
7. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction, e.g., South Africa].
Any dispute arising out of or in connection with this Agreement shall first be resolved through good faith negotiations between the Parties.
If the dispute cannot be resolved through negotiation, the Parties agree to submit the dispute to mediation in [City, e.g., Johannesburg, South Africa] in accordance with the rules of [e.g., the Arbitration Foundation of Southern Africa (AFSA)].
If mediation is unsuccessful, the dispute shall be finally resolved by arbitration in [City, e.g., Johannesburg, South Africa] in accordance with the rules of [e.g., AFSA].
8. Entire Agreement
This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior discussions, negotiations, and agreements, whether oral or written.
Any amendment or modification to this Agreement must be in writing and signed by both Parties.
9. Signatures
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date first written above.
FOR THE CLIENT:
_____________________________
Name: {{client_signature_name}}
Title: {{client_signature_title}}
Date: {{client_signature_date}}
FOR THE SERVICE PROVIDER:
_____________________________
Name: {{service_provider_signature_name}}
ID/Passport No: {{service_provider_signature_id}}
Date: {{service_provider_signature_date}}
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