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Independent Contractor Agreement
Independent Contract entered into between: ONE PERCENT SA (PTY) LTD (Hereinafter referred to as "the Company) and
Your Full Names & Surname
Your Email Address
Address Line 2
State / Province / Region
ZIP / Postal Code
Same as Physical Address
Address Line 2
State / Province / Region
ZIP / Postal Code
Antigua and Barbuda
Bonaire, Sint Eustatius and Saba
Bosnia and Herzegovina
British Indian Ocean Territory
Central African Republic
Congo, Democratic Republic of the
Congo, Republic of the
French Southern Territories
Heard and McDonald Islands
Isle of Man
Lao People's Democratic Republic
Northern Mariana Islands
Palestine, State of
Papua New Guinea
Saint Kitts and Nevis
Saint Pierre and Miquelon
Saint Vincent and the Grenadines
Sao Tome and Principe
Svalbard and Jan Mayen Islands
Trinidad and Tobago
Turks and Caicos Islands
US Minor Outlying Islands
United Arab Emirates
Virgin Islands, British
Virgin Islands, U.S.
Wallis and Futuna
Tax Ref Number
Contractor code (SAIPA/SAICA/ICB/IRBA, etc)
Registered SARS Practitioner Number
Date of Registration
Please submit the following certified documents with your application:
Certified Copy of ID
Drop files here or
Max. file size: 32 MB.
Regulating Body Certificates
Drop files here or
Max. file size: 20 MB.
Proof of SARS PR Number Registration
Drop files here or
Max. file size: 20 MB.
Proof of Residence
Drop files here or
Max. file size: 32 MB.
Tax Clearance Certificate
Max. file size: 20 MB.
Police Clearance Certificate
Max. file size: 20 MB.
WHEREAS the company and the Contractor agree as follows:
1.1 "Commencement Date" means date of completion of certified training.
1.2 "The Company" means ONE PERCENT SA (PTY) LTD or any of its successors in title or associated organisations, trading divisions or subsidiaries.
2. Nature of services
2.1 The company shall contract with the Contractor and the Contractor shall provide services to the company in the capacity and form of Independent Contractor (Accountant) – Registered within the South African Institute of Professional Accountants or any professional regulatory board (CIMA/SAICA).
2.2 No expectation of employment is created by this contract or by the Contractor's services with the company. The Contractor agrees and certifies that the Contractor is not entitled in fact or in law, nor does the Contractor have any expectation of, employment with the company, and is an independent contractor to the company.
2.3 The Contractor is not entitled to any of the employment benefits and conditions applicable to the employees of the company.
2.4 No employer / employee relationship of any nature whatsoever is created by the terms of this agreement. The Contractor agree that this agreement is in compliance with Section 200A of the Labour Relations Act 66 of 95.
3.1 The Contractor shall be remunerated for services rendered by him to the company, in terms of this agreement. The Contractor will be entitled to remuneration as per the addendum "A" within this Agreement.
3.2 All payments listed on Addendum "A", shall be payable monthly in arrears. Payment shall be made on the last day of each and every month, subject to 3.3. below.
3.3 Payment of remuneration to the Contractor is however subject to the Contractor actually completing an invoice for services rendered and rendering invoice to the company upon the payment date as aforesaid. No payment whatsoever is due to the Contractor if the Paid invoice/s is not rendered by the Contractor to the company.
3.4 Subjected to clause 3.3., the Contractor is responsible to ensure that all submitted invoices are paid for by the client before any invoice will be taken into consideration for the commission paid out to the Contractor.
3.5 Any unpaid invoice/s shall not be considered for the commission payable during the current month. Once such unpaid invoice/s has been paid, such commission will be counted for the month after which payment has been received.
5. Contractor’s powers and duties
5.1 As a Contractor of the company, the Contractor shall in terms of this agreement:
5.1.1 Perform all such duties and exercise all such powers in relation to the business of the company as may from time to time be vested in or assigned to him by the company;
5.1.2 Comply with all reasonable directives from time to time given to him by the company and with all rules and regulations from time to time laid down by the company;
5.1.3 Abide by bona fide work practices in his relationship with the company;
5.1.4 Devote the whole of his time, attention and abilities during business hours to the discharge of his duties under this agreement;
5.1.5 Use his best endeavours properly to conduct, improve, extend, develop, promote, protect and preserve the business interest, reputation and goodwill of the company and carry out his duties in a proper, loyal and efficient manner;
5.1.6 Undergo or attend any training or other courses as agreed between the company and the Contractor from time to time.
5.1.7 Comply with all Standard set of Procedure including the billing and costing according to the Costing Structure.
5.2 It is however recorded that any control and supervision exercised by the company in respect of the Contractor shall be solely for the purposes of ensuring that the Contractor properly discharges his duties in terms of this agreement, and not for the purposes of establishing or indicating the existence of any employment relationship between the parties.
6. Working hours
6.1 The hours of work of the Contractor shall be determined and specified by the company from time to time and shall be determined by the nature of the services the Contractor is required to render from time to time.
6.2 There shall be no limitation on the working hours of the Contractor in order to discharge his / her duties in terms of this agreement.
7. Period and termination of agreement
7.1 This agreement may be terminated by either party upon giving 1 (one) month written notice to the other party.
7.2 This clause however does not in any way prejudice or affect the rights of the company to terminate this agreement on a summary basis without any notice, where such manner of termination is justified by the provisions of the common law and the rules of the company applicable from time to time.
7.3 During this agreement, should the Contractor fail to oblige and comply with the set terms and conditions as set out in this agreement, the contractor may terminate this agreement and further should such breach result in any damages whatsoever, the Contractor agrees that such breach will be deemed as a material breach of this agreement and agree to be liable for such damages incurred.
8.1 The Contractor is required to disclose and declare all outside or other interests that are or may potentially be in conflict with the interests of the company. The company may require the Contractor to refrain from such activities, which request it is obliged to observe.
8.2 The Contractor is further obliged to disclose forthwith to the company any of the following:
8.2.1 Any mental health or any medical deficiencies, conditions or any such circumstances which could detrimentally affect or in any way influence the Contractor’s employment or the fulfilment thereof with the company, as soon as the Contractor becomes aware of the same;
8.2.2 Any criminal offence specified in Schedule 1 of the Criminal Procedure Act No. 51 of 1977 or any amendment or variations thereof from time to time, the Contractor or its staff has been convicted of.
9.1 The Contractor is required to keep confidential and not to disclose any of the company's trade secrets, confidential documentation, technical know-how and data, drawings, systems, chemical formulae, methods, software, processes, client lists, programmes, marketing and/or financial information to any person other than to persons employed and/or authorised by the company or associated company (where applicable) who are required to know such secrets or information for the purpose of their employment and/or association with the company, both during the continuance of his/her employment hereunder or thereafter.
9.2 The company and the Contractor hereby acknowledge that the confidential and/or information represents a substantial monetary value to the company.
9.3 The Contractor shall adhere to the above obligation not to disclose any confidential information to any undertaking, firm, company or person with which the company may at any time be in technical and/or actual competition, co-operation or association.
9.4 The Contractor acknowledges that the aforesaid obligation shall remain in force indefinitely and notwithstanding termination of this contract for any reason whatsoever.
10.1 It is recorded that any right of access the Contractor has to any premises of the company is dependent upon the Contractor actually rendering performance and actually fulfilling its duties with the company in terms of this contract or any rules of the company applicable from time to time. Should the Contractor, for any reason whatsoever not render actual performance or fulfil actual duties as aforesaid, the company shall be entitled to require the Contractor to immediately vacate the company premises.
11.1 Any representations made, or information supplied or furnished by the Contractor to the company pursuant to the Contractor wishing to procure this contract with the company is warranted by the Contractor to be true and correct.
12.1 Any latitude, extension of time or other indulgence which may be granted to the Contractor by the company or any failure by the company to enforce any of its rights under this agreement at any time shall not, under the circumstances, be deemed to be a waiver of any of the company's rights thereafter to enforce and compel strict compliance with the terms and conditions of this agreement.
12.2 This agreement shall constitute the entire contract between the parties who by their signatures hereby acknowledge that no representations have been made or warranties given or conditions to stipulations attached to any of the matters referred to in this agreement, save as set out in this agreement. No variation of this agreement shall be of any force or effect unless recorded in writing and signed by or on behalf of the parties by the representatives, duly authorised thereto.
12.3 As the Contractor is not an employee of the company, the Contractor shall only be remunerated for actual services rendered to the company and shall not be entitled to any leave, sick leave or other employment benefits prescribed by law.
12.4 Any control and supervision exercised by the company over the Contractor shall only take place in the form of, and to the extent required, to give effect to a proper discharge of the duties of the Contractor in terms of this agreement. Such control and supervision shall not establish the existence of an employment relationship between the parties.
13. Restraint of trade
13.1 Specifically for the purposes of this particular clause, the following words shall have the following meaning(s):
13.1.1 "Business" shall mean any person, business, company, association, corporation, partnership, undertaking, trust, whether incorporated or not;
13.1.2 "Interest/Interested" shall mean interested or concerned, directly or indirectly, whether as proprietor, partner, shareholder, Contractor, employee, agent, financier, shareholder or in any other capacity whatsoever, and/or permitting his/her name to used in connection with or in any manner relating thereto;
13.1.3 "The territory" shall mean 50 kilometres within the radius of the Contractor residential areas.
13.2 All the provisions of this restraint of trade shall strictly apply to the Contractor in respect of all clients, activities, undertakings, business, operations and services of the company.
13.3 The Contractor records that he/she agrees to this restraint of trade in consideration of:
13.3.1 All benefits which has or will accrue to him/her from the company;
13.3.2 His/her knowledge of and/or access to the business methods, business secrets, technological information and data and/or manufacturing / service methods of the company, which are to be known to and which will be gained by him/her;
13.3.3 The goodwill factor and technological, manufacturing, service and sales expertise in a business and/or undertaking such as the business and/or undertaking of the company;
13.3.4 The confidential nature of the information, documentation and other data relating the members, customers and suppliers of the company, which are available to the Contractor.
13.4 In terms of this restraint of trade, the Contractor specifically undertakes and agrees to:
13.4.1 not to be interested in any business in the territory which carries on business, manufactures, sells or supplies any commodity or goods, brokers or acts as agent in the sale or supply of any commodity or goods and/or performs or renders any service, in competition with or identical or similar or comparative to that carried on, sold, supplied, provided, brokered or performed by the company, during the period of the engagement of the Contractor up to and including the termination of the contract of the Contractor; and
13.4.2 not to solicit the custom of or deal with or in any way transact with, in competition to the company, any business, company, firm, undertaking, association or person which during the period of 3 (three) years preceding the date of termination of the contract of the Contractor has been a member, customer or supplier of the company in the territory; and
13.4.3 not to directly or indirectly offer employment to or in any way cause to be employed any person who was employed by the company as at the termination of the contract of the Contractor or at any time within a period of 3 (three) years immediately preceding such termination.
13.5 Each and every restraint in this entire clause shall operate and be valid and binding for a period of One (1) year in the territory, calculated from the date of termination of the contract of the Contractor in terms of this agreement. This restraint shall apply irrespective of what the cause or reason of such termination may be and whether the fairness of the termination of the Contractor’s contract is challenged or not by the Contractor.
13.6 Each restraint in this entire clause shall be construed as being severable and divisible and applicable to the Contractor, whether that restraint is in respect of:
13.6.1 Nature of business or concern;
13.6.2 Area or territory;
13.6.3 Articles, commodities or goods sold and/or supplied;
13.6.4 Services performed or rendered;
13.6.5 Company or concern entitled to the benefit thereof.
13.7 Each restraint in this entire clause shall be deemed in respect of each part thereof to be separately enforceable in the widest sense possible from the other parts thereof, and the invalidity or unenforceability of any part thereof shall not in any way affect or taint the validity or enforceability of any other part of such restraints, or in fact any other terms of this agreement.
13.8 All restraints in this clause are for the sole benefit of the company.
13.9 The Contractor specifically acknowledges and agrees:
13.9.1 That he / she has carefully read and considered all the terms and provisions of this clause relating to the restraints applicable to him / her;
13.9.2 That this clause and/or all the restraints contained therein, after taking all circumstances into account, are fair and reasonable; and
13.9.3 That should he/she at any time dispute the reasonableness or fairness of any of the provisions of this clause and/or restraints, then and in such event he / she will have the onus to provide or prove such unreasonableness or unfairness.
14. Policies and procedures
14.1 The company issues regulations and Set of Procedures from time to time. The details of these rules, regulations and policies can be requested from the company via written request. These regulations and Set of Procedure may change from time to time. Whilst the regulations and Set of Procedure do not form part of the Independent Contractor Agreement, it is the Contractor's obligation in terms of this contract to ensure that the Contractor is familiar with and comply with them.
I, the undersigned, hereby confirm that I agree with and understand the contents of Addendum "A" of this contract
1. Objective of the Agreement:
1.1 The parties by signing the addendum, hereby agrees that the following clauses forms part of the initial Agreement, signed between the parties on the date of submission of this agreement.
1.2 The detail below indicates the Remuneration (Commission) structure of the Contractor. Such Commission earned will be payable one Month in arrears, furthermore such amount payable contained within this agreement shall form part of the total Remuneration structure of the Contractor.
ONE PERCENT ACCOUNTING FEE STRUCTURE
1.3 Should it be that the Contractor has failed to reach the agreed deadline the Contractor hereby agree that such failure shall be deemed as a material breach, where as the Contractor agree that should the Contractor fails to reach such agreed deadline, the above Commission will be forfeited for such set Month.
I, the undersigned, hereby confirm that I agree with and understand the contents of Addendum "B" of this contract
1. Objective of the Agreement:
1.1 This Agreement describes the Company's guidelines with regard to the regulation, and in harmony with international standards, the processing of personal information by the company in a manner that gives effect to the right to privacy subject to justifiable limitations that are aimed at protecting other rights and important interests.
1.2 This Agreement applies to all personal information, either in electronic or paper format received by the company.
2. Purpose of the Agreement:
2.1 The company must protect restricted confidential or sensitive data from loss to avoid reputation damage and to avoid adversely impacting our customers. The protection of data in scope is a critical business requirement, yet flexibility to access data and work effectively is also critical.
2.2 It is not anticipated that this technology control can effectively deal with the malicious theft scenario, or that it will reliably detect all data. Its primary objective is user awareness and to avoid accidental loss scenarios.
2.3 The purpose of the Agreement furthers the intention of the Protection of Personal Information Act to give effect to the constitutional right to privacy, safeguarding personal information when processed by a responsible party, subject to justifiable limitations that are aimed at balancing the right to privacy against other rights, particularly the right of access to information and protecting important interests, including the free flow of information within the republic and across international borders.
3.1 For the purpose of this Agreement the following definitions shall apply:
▪ Contractor – means any third party that uses Personal Information provided to it by the company to perform tasks on behalf of and under the instruction of the company.
▪ Biometrics – means a technique of personal identification that is based on physical, physiological or behavioral characterization including blood typing, fingerprinting, DNA analysis, retinal scanning and voice recognition;
▪ Consent – means any voluntary, specific and informed expression of will in terms of which permission is given for the processing of personal information;
▪ Data Subject - means the person to whom personal information relates;
▪ De-identify – in relation to personal information of a data subject, means to delete any information that identifies the data subject;
▪ Operator – means a person who processes personal information for a responsible party in terms of a contract or mandate, without coming under the direct authority of that party;
▪ Person – means a natural person or a juristic person;
▪ Personal Information – means information relating to an identifiable, living natural person and where it is applicable, an identifiable existing juristic person including but not limited to:
▪ Information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age physical or mental health, bell-being, disability, religion, conscience, belief, culture, language and birth of the person;
▪ Information relating to the education or the medical financial criminal or employment history of the person;
▪ The biometric information of the person;
▪ Regulator – means the information Regulator established in terms of section 39 of the Protection of Personal Information Act;
▪ Responsible party – means a public or private body or any other person which, alone or in conjunction with others, determines the purpose of and means for processing personal information;
4.1 The company undertakes to ensure conditions for lawful processing and complies with all the measures that give effect to such conditions at the time of and during the processing itself.
5. Processing limitation:
5.1 Personal information shall at all times be processed lawfully and in a reasonable manner that does not infringe the privacy of the data subject.
5.2 Personal information will only be processed, if given the purpose for which it is processed at the time, is adequate, relevant and not excessive.
5.3 Personal information will only be processed if the data subject consents to the processing; processing is necessary to carry out actions for the conclusion or performance of a contract to which the data subject is a party; processing complies with an obligation imposed by law on the responsible party; processing data protects a legitimate interest of the data subject; processing is necessary for pursuing the legitimate interests of the responsible party or of a third party to whom the information is supplied.
5.4 A data subject may object, at any time, to the processing of personal information on reasonable grounds relating to his, her or its particular situation unless legislation provides for such processing; or for purposes of direct marketing other than direct marketing by means of unsolicited electronic communications.
5.5 The company undertakes that once an objection to the processing of personal information is received that they will no longer process the personal information.
5.6 Personal information shall be collected directly from the data subject except for instances where it would not be applicable and the information is contained in or derived from a public record or has deliberately been made public by the data subject and the data subject has consented to the collection of the information from another source which would not prejudice a legitimate interest of the data subject. Collection of the information from another source is necessary to maintain the legitimate interests of the responsible party or of a third party to whom the information is supplied.
6. Purpose specification
6.1 The company will obtain personal information that is collected for a specific, explicitly defined and lawful purpose related to a function or activity by the company. Steps will be taken to ensure that the data subject is aware of the purpose of the collection of the information.
6.2 Records of personal information will not be retained any longer than is necessary for achieving the purpose for which the information was collected or subsequently processes unless the retention of the record is required by a contract between the parties thereto or the data subject has consented to the retention of the record.
6.3 Should the records of personal information be retained for periods in excess of those indicated above for purpose of historical statistical or research purposes the company undertakes that the necessary and appropriate measures will be taken to safeguard against the records being used for any other purposes.
6.4 The company shall destroy or delete a record of personal information or de-identify it as soon as reasonably practicable after the company is no longer authorised to retain the record as indicated above. The destruction or deletion of a record of personal information will be done in a manner that prevents its reconstruction in an intelligible form.
7. Further processing limitation.
7.1 With reference to paragraph 5 above, the company undertakes that any further processing of personal information will be in accordance or compatible with the purpose for which is collected. In consideration to this the company will take in account;
▪ The relationship between the purpose of the intended further processing and the purpose for which the information has been collected;
▪ The nature of the information concerned;
▪ The consequences of the intended further processing for the data subject;
▪ The manner in which the information has been collected and
▪ Any contractual rights and obligations between the parties.
7.2 The further processing of personal information is not incompatible with the purpose of collection if :
▪ The data subject has consented to the further processing of the information;
▪ The information is used for historical, statistical or research purposes and the responsible arty ensures that the further processing is carried out solely for such purposes and will not be published in an identifiable form.
8.1 When collecting personal information from the data subject the company will take reasonably practicable steps to ensure that the data subject is aware of ;
▪ The information being collected and where the information is not collected from the data subject, the source from which it is collected
▪ The name and address of the company
▪ The purpose for which the information is being collected
▪ Whether or not the supply of the information by the data subject is voluntary
▪ The consequences of failure to provide the information
▪ The fact that, where applicable, the responsible party intends to transfer the information to a third country or international organization and the level of protection afforded to the information by that third country or international organization.
9. Security safeguards on integrity and confidentiality of personal information:
9.1 The company will ensure to secure the integrity and confidentiality of personal information in its possession or under its control by taking appropriate, reasonable technical and organizational measurers to prevent loss of, damage to or unauthorized destruction of personal information and unlawful access to or processing of personal information.
9.2 In order to give effect to this objective the company will take reasonable measures to :
▪ Identify all reasonably foreseeable internal and external risks to personal information in its possession or under its control
▪ Establish and maintain appropriate safeguards against the risks identified
▪ Regularly verify that the safeguards are effectively implemented
▪ And ensure that the safeguards are continually updated in response to new risks or deficiencies in previously implemented safeguards.
9.3 An operator or anyone processing personal information on behalf of the company must:
▪ Process such information only with the knowledge or authorization of the responsible party; and
▪ Treat personal information which comes to their knowledge as confidential and must not disclose it.
9.4 Where there are reasonable grounds to believe that the personal information of a data subject has been accessed or acquired by any unauthorized person, the company undertake to notify the
▪ Regulator and
▪ The data subject, unless the identity of such data subject cannot be established.
9.5 The notification to the data subject will be in writing and communicate to the data subject in at least one of the following ways:
▪ Mailed to the data subject’s last known physical or postal address;
▪ Sent by e-mail to the data subject’s last known e-mail address;
▪ As may be directed by the Regulator.
9.6 The notification will provide sufficient information to allow the data subject to take protective measures against potential consequences of the compromise.
10.1 Any Contractor who abuses or breach any of the principles within this Agreement will be subject to termination of the agreement. If necessary, the company also reserves the right to advise appropriate legal officials / authorities of any illegal activities by offenders.
It is the Contractor’s responsibility to contact management should he / she have any queries.
I, the undersigned, hereby confirm that I agree with and understand the contents of Addendum "C" of this contract
1.1 The purpose of this Agreement is from hence forth to have absolute clarity on the issue of our Contractor working for our clients, in any capacity what’s-so-ever and to avoid any embarrassment to an individual or a client of the company.
1.2 This Agreement will provide clarity to any:
• Contractor that may seek to breach their contract of employment; and or
• client that may seek to breach their contract with the company; and or
• manager of the company who may have to enforce a contract of employment or service contract;
2.1 This Agreement applies to:
• All current and past Contractor that may still be within their restraint period; and or
• All past and current clients that signed our standard company Agreement; and or
3. Contractor Agreement
3.1 From the Contractor Agreement, it is clear that you are permitted to leave the Contractor agreement of the company and be employed by a company that is not and was not a client of the company. You may not, however, go work for a company that was / is a client of the company.
3.2 As a Contractor, it would be strictly prohibited from working for a client directly employed, then you should in no way be having a conversation with a client about the possibility of employment with them. By having the conversation with a client and exploring employment with them you are creating an expectation with them that you may in fact be permitted to be employed, then at a later stage when the company has to inform them that you may not, this damages our relationship with our client.
3.3 Contractors are hence forth strictly prohibited from entertaining conversations with clients about your employment with them, to do so is a serious and could face the consequence of termination.
4. Client contract
4.1 From the Agreements, it is clear that clients should not initiate a conversation with the Contractor about the prospect of a Contractor working(employed) for them.
4.2 Should a client in any way approach a Contractor and start a discussion regarding the possibility of employment as an employee, kindly please refer them of the above “non-solicit” clause that they signed.
5. The company’s clear and unambiguous position
5.1 From hence forth the below is the company’s clear and unambiguous position:
• No one will be permitted to work for a client;
• If a client approaches us to waive their ‘non-solicit’ clause, we shall politely but firmly refuse to do so;
• If a client in any way attempts to coerce us in to waiving the ‘non-solicit’ and restraint clauses, we will in no way be bullied, even if they cancel;
• If we hear that a Contractor entertained a conversation regarding being employed by a client, that Contractor may be terminated;
• If an Contractor asks us to waive their restraint and the clients ‘non-solicit’ provisions, we shall assume that Contractor has been in conversation with the client in this regard and the Contractor may be terminated;
6.1 As a proud professional in the service of the 1%, the company shall automatically assume that all Contractors shall always act in the best interests of the company and abide by our agreements, and procedures.
Terms and Conditions
I, the undersigned, hereby acknowledge receipt of this Independent Service Agreement and confirm that I agree with and understand the contents of this contract.
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