Freelance and Contract Staff
Terms and Conditions of Engagement and Purchase Order generation
NOTE - ALL FREELANCERS TO PLEASE COMPLETE THIS AND RECEIVE PURCHASE ORDER PRIOR TO COMMENCEMENT OF ANY JOB FOR EMBASSY.
FAILURE TO SUBMIT ON TIME WILL RESULT IN DELAYED PAYMENT.
The following are SARS rules with regards to TAX invoices submitted to Embassy Production Suites (Pty) Ltd and therefore please ensure that the information requested appears on the invoice.
The word ‘Tax Invoice’ must appear on the invoice, not just ‘Invoice’.
A unique invoice number with a date must appear on the invoice.
Invoices must be made out to Embassy Production Suites.
The invoice must be an original invoice (No faxed invoices). Emailed invoices are acceptable, but no scanned copies will be accepted.
Both the supplier’s as well as the Embassy Production Suites VAT number must appear on the supplier’s invoice.
a. Embassy Production Suites – Vat No: 4770249466
b. Company Registration No: 2008/148627/23.
c. Our address must appear on the invoice
Office S4, Block B, Second Floor Northlands Corner Retail Centre, Cnr Witkoppen & New Market Road, Northriding, 2162
If this information does not appear on the invoice, the invoice will be returned to you in order to request a valid invoice.
TERMS OF ENGAGEMENT
1. Intellectual Property
It is intended that the basis of this engagement is that of a total buy out and you hereby assign the entire copyright and all other right, title and interest in and to materials created by you in the course of carrying out your duties to EMBASSY PRODUCTION SUITES (PTY) LTD for the full period of copyright and in perpetuity throughout the world. You unconditionally and irrevocably waive any moral rights or any similar law in any country (to the fullest extent possible in the relevant jurisdiction) in relation to the materials and hereby grant EMBASSY PRODUCTION SUITES (PTY) LTD all rights necessary under the Copyright Act No. 98 of 1978 (as amended) (and equivalent provisions elsewhere in the world) fully to exploit the materials in any medium or mode without any restrictions whatsoever.
If agreed beforehand, EMBASSY PRODUCTION SUITES (PTY) LTD shall pay for or reimburse you for business expenses properly and necessarily incurred in carrying out your duties, provided that the expenses have been authorised in advance by the manager to whom you report and on provision of satisfactory receipts.
3. Invoicing and Payment
Subject to the provisions of this Agreement and the due compliance by You of your obligations hereunder EMBASSY PRODUCTION SUITES (PTY) LTD shall as inclusive remuneration and as full consideration of all services rendered by You hereunder and of the rights of copyright and other rights and waivers herein granted and/or given by You, pay to You the agreed fee as speciﬁed above by the last day of each month for the duration of the term, provided that EMBASSY PRODUCTION SUITES (PTY) LTD is in receipt of an approved timesheet for the previous month worked, by the 15th each month. EMBASSY PRODUCTION SUITES (PTY) LTD shall have no obligation to pay any fee for any period during which you are unable to carry out your duties due to illness/incapacity. Other than what is speciﬁed under the leave provisions in Section 11. Should you not be employed with a Freelance Project Retainer, EMBASSY PRODUCTION SUITES (PTY) LTD would pay invoices raised against ofﬁcial EMBASSY PRODUCTION SUITES (PTY) LTD Purchase Orders, in accordance to the Project Fee outlined above, 30 days from receipt. Invoices are also to be submitted no later than 48 hours or two working days from the completion of each project in order to comply with these payment terms.
It is hereby agreed that You are wholly and fully responsible for declaring your gross earnings as paid to you by EMBASSY, to the South African Revenue Service (SARS). You are wholly and fully responsible for paying taxes in accordance with SARS requirements and agree that PAYE will not be held back on your behalf by EMBASSY. You therefore absolve EMBASSY of all liability related to PAYE matters.
While EMBASSY PRODUCTION SUITES (PTY) LTD may offer beneﬁts such as leave, for the avoidance of doubt, you agree that and understand you are not an employee of EMBASSY PRODUCTION SUITES (PTY) LTD and that this agreement and understanding is entered into voluntarily by both parties and is an industry norm.
You shall be liable to EMBASSY PRODUCTION SUITES (PTY) LTD for any loss or damage to property belonging to EMBASSY PRODUCTION SUITES (PTY) LTD where such loss or damage is caused as a result of your negligence. You shall indemnify EMBASSY PRODUCTION SUITES (PTY) LTD and its associated companies, employees, agents and licensees against any and all claims, damages, liabilities and expenses (including reasonable legal fees) arising out of the carrying out of your duties and breach or alleged breach of this Agreement. You shall arrange appropriate insurance cover, including public liability cover, in respect of the carrying out of your duties and provide EMBASSY PRODUCTION SUITES (PTY) LTD with details upon request. Neither EMBASSY PRODUCTION SUITES (PTY) LTD nor its employees or consultants are responsible in any way for any loss or damage to your property at any time. You shall not incur any liability to any third party on EMBASSY PRODUCTION SUITES (PTY) LTD’s behalf or pledge the credit of EMBASSY PRODUCTION SUITES (PTY) LTD or represent that you are entitled to do so either during or after your engagement.
6. Conﬁdential Information
You shall not knowingly use, disclose or negligently cause the unauthorised disclosure of any trade secret or other Conﬁdential Information, either during or after your engagement. For the avoidance of doubt, Conﬁdential Information includes information relating to the business, management or ﬁnances of EMBASSY PRODUCTION SUITES (PTY) LTD or any associated companies, suppliers, clients, business partners, employees or consultants, EMBASSY PRODUCTION SUITES (PTY) LTD customer lists, marketing information, current or future projects, production methods, business development and dealings with existing or potential business partners or any other matters that could reasonably be expected to be conﬁdential which may come to your attention when carrying out your duties. A breach of this clause will constitute a fundamental breach of this Agreement entitling EMBASSY PRODUCTION SUITES (PTY) LTD to terminate this engagement without any further payment to you. You must take all necessary and reasonable precautions to ensure the security of data to which you have access including but not limited to the personal data of employees.
EMBASSY PRODUCTION SUITES (PTY) LTD reserves the right to terminate longer-term freelancer contracts engagement prior to the Expiry Date speciﬁed above on 2 weeks’ notice and may pay you in lieu of that notice at its sole discretion.
8. Your Obligation
You will carry out your duties diligently and promptly in a professional manner. You shall not do, say or omit to do anything which might cause prejudice, loss of reputation, damage or injury to EMBASSY PRODUCTION SUITES (PTY) LTD or its associated companies, suppliers, clients, employees or consultants. You shall follow all reasonable instructions of EMBASSY PRODUCTION SUITES (PTY) LTD and, in particular, the manager to whom you report as speciﬁed above.
9. Health and Safety
You agree that you will: take reasonable care for the health and safety of yourself and others who may be affected by your acts or omissions; co-operate with EMBASSY PRODUCTION SUITES (PTY) LTD to enable it to fully comply with its duties in relation to health and safety; not interfere with or misuse anything provided by EMBASSY PRODUCTION SUITES (PTY) LTD in the interests of health, safety or welfare.
You will not be allowed to provide services to third parties during the period speciﬁed above. Unless by express written consent.
11. Leave Provision
During the term of this agreement, longer term freelance contractors will be allowed to take 1 days paid sick leave for every 26 days worked. You will also be entitled to 1.25 annual days paid leave per month worked, taken at the discretion of the manager or team leader into which you report.
12. Governing Law / Jurisdiction
This contract is governed by the laws of South Africa. Any dispute will be subject to the exclusive jurisdiction of the courts of South Africa.
13. Severability Any invalidity, in whole or in part, of any provision of this agreement will not affect the validity of any other of its provisions.