SERVICE CONTRACT. contractnumber. THE EUROPEAN TRAINING FOUNDATION ("the ETF"), CONTRACTOR_NAME ( the Contractor ), BETWEEN
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1 SERVICE CONTRACT BETWEEN THE PEAN TRAINING FOUNDATION ("the ETF"), whose registered address is Villa Gualino, viale Settimio Severo 65, Torino, Italy, which for the purpose of the signature of this contract is represented by authorising_officer AND CONTRACTOR_NAME ( the Contractor ), whose registered address is contractor_street_address, contractor_postcode - contractor_city, contractor_country, which for the purpose of the signature of this contract is represented by contractor_legal_representative HAVE AGREED AS FOLLOWS: 1
2 Article 1. - Nature of the services 1. The Contractor shall provide professional and operational support services in accordance with Annex A (Specifications) and Annex B (Contractor's proposal). Article 2. - Duration of the contract 1. This Service Contract ( the Contract ) shall enter into force upon signature of the Contract by both parties, and shall expire when the ETF has made the final payment under the schedule in Article The tasks assigned to the Contractor shall start on the date of contract signature and shall be completed no later than contractenddate. Article 3. - Obligations on the Contractor 1. The Contractor shall provide the necessary personnel for the proper performance of the Contract, and shall ensure that any member of his personnel working in the context of the Contract fulfils all legal obligations with respect to social security contributions, insurance and fiscal regulations. In particular the Contractor shall make available those members of his personnel listed in Annex C (Curriculum(a) Vitae) to carry out the services and specific tasks assigned to them. 2. The Contractor shall provide the administrative and logistical support necessary to carry out the services to the highest professional standards. Article 4. - Remuneration 1. In consideration for the execution by the Contractor of the services specified in Article 1, the ETF shall pay the Contractor in accordance with Articles 5 and 6 at the rates set out in Annex D (Financial Breakdown). 2. The total amount payable under the Contract shall not exceed contractvalue. Article 5. - Conditions of Payment 1. Payments shall be made only upon the submission, to the address stated in Article 7, of signed invoices or requests for payment presented as in Format 1 of Annex E (Model formats for invoices or requests for payment). 2. Where the payment to be made is the final payment under the Contract, the invoice or request for payment must be presented as in Format 2 of Annex E, and must be accompanied by all original supporting documents or certified copies thereof (i.e. copies bearing the stamp of the Contractor). 3. For the purposes of the Contract the following is a non-exhaustive list of items which are considered to be supporting documents: for remuneration: for daily allowances: for travel costs: invoice; declaration of receipt signed by Contractor; travel ticket (with invoice from travel agent if no price stated thereon) and boarding card. 4. Payments shall be made within 30 days of receipt of the invoice or request for payment, and shall be deemed to have been made on the date on which the ETF s account is debited. 5. Any payment may be deferred by the ETF if the services or financial breakdown covered by an invoice or request for payment are contested, or if the supporting documentation is incomplete. In the event of such a deferral, the payment period shall start on the day the contested issues have been settled between the parties. 6. Payments shall be made in, into the following bank account: 2
3 Beneficiary: Bank: Bank address: Bank Account: Benificiary Bank_Name Bank_Addr Acc_no Article 6. - Payment schedule 1. The ETF shall make payments only after the signature of the Contract and in accordance with the following provisions: Number of payments: paymentnumber An advance of 50% of the total amount stated in Annex D, shall be payable within 30 days of the signature of the contract by both parties. A first interim payment of 30% of the total amount shall be made within 30 days from submission and approval of a mid term report. A final payment shall be made within 30 days of the submission and approval of a statement of expenditure, prepared according to the structure of Annex D. 2. All invoices or requests for payment must be submitted within one month of the expiry of the contract. 3. The total value of the payments shall not exceed the amount stated in Article 4. Article 7. - Addresses for correspondence All correspondence between the ETF and the Contractor shall be sent, by registered mail, to the following addresses: 1. For the ETF: Reports and general correspondence: Invoices or requests for payment: manag_officer Martine Smit European Training Foundation European Training Foundation Villa Gualino Villa Gualino Viale Settimio Severo, 65 Viale Settimio Severo, Torino Torino Tel Tel Fax Fax ***@etf.eu.int msm@etf.eu.int 2. For the Contractor: contractor_contact contractor_name contractor_street_address, contractor_postcode - contractor_city contractor_country Tel: contractor_tel Fax: contractor_fax contractor_ 3
4 Article 8. - Audits 1. The Contractor shall take the necessary measures to enable audits to be carried out by the ETF, the Commission of the European Communities and/or the European Court of Auditors in accordance with the financial regulation of the ETF. 2. These audits may be carried out in situ and shall comprise an examination of the accounts and supporting documents relating to the Contract. To this end the documents in question shall be kept for a period of five years from the expiry of the Contract. Article 9. - Taxes Pursuant to the provisions of Articles 3 and 4 of the Protocol on the Privileges and Immunities of the European Communities, the ETF is exempt from all taxes and duties, including Value Added Tax, on payments under the Contract. Article Confidentiality and copyright 1. The Contractor shall maintain professional secrecy in accordance with Annex G (General Terms and Conditions applicable to contracts awarded by the ETF). 2. Copyright to the contents of all texts and other information documents produced by the Contractor during the course of the Contract shall belong to the ETF. A licence to use the copyright may be granted to the Contractor upon duly justified request. 3. Except with the prior written approval of the ETF, the Contractor shall not issue any statement to third parties, in particular to the press and other communication media, concerning the services rendered under the Contract, nor shall he issue or publish texts or otherwise divulge information obtained in this context. 4. These provisions shall also apply to any sub-contractors for whom the Contractor might assume liability. Article Liability of the ETF The ETF shall in no case and under no circumstances be held liable for claims arising out of the Contract and relating to damage caused to the Contractor, his employees or a third party, nor to property thereof. No request for indemnity or re-instatement relating to such claims may be addressed to the ETF. Article Termination 1. Either of the contracting parties may, of its own volition, terminate the contract before the end date stated in Article 2 by serving two months written notice on the other party. Where the duration of the Contract does not exceed six months, this notice period may be reduced to two weeks. 2. Should the Contract be terminated by the ETF, the Contractor shall be entitled to payment corresponding to part performance of the Contract. 3. In the event of serious disrespect of the terms of the Contract by the Contractor, inter alia where the services are not provided in accordance with the terms of the Contract, or where the services are not completed within the time limits laid down therein, the ETF may terminate the Contract at any time and without notice. 4
5 Article Law of the contract For all matters not covered by contractual provisions, the Contract shall be governed by Italian law. Article Settlement of disputes All disputes arising out of the performance of the Contract which cannot be amicably settled by the parties shall be referred to the exclusive jurisdiction of the court of Turin. Article Final provisions 1. The Contract is composed of this contract document and the following annexes: Annex A: Annex B: Annex C: Annex D: Annex E: Annex F: Annex G: Specifications Contractor s proposal Curriculum(a) vitae Financial breakdown Model formats for invoices or requests for payment VAT Exemption Certificate General Terms and Conditions applicable to contracts awarded by the ETF 2. Any amendment to any part of the Contract must be agreed in writing and signed for each of the parties by a duly authorised representative. 3. Annex G applies in so far as it is not amended or superseded by this contract document or its annexes. Done in Turin in three copies of.. pages on and initialled on each page by both parties. For the Contractor contractor_legal_representative For the ETF authorising_officer 5
6 ANNEX A SPECIFICATIONS
7 ANNEX B CONTRACTOR S PROPOSAL
8 ANNEX C CURRICULUM(A) VITAE
9 ANNEX D FINANCIAL BREAKDOWN Fees Direct costs Per Diem Reimbursable costs Total:
10 ANNEX E MODEL FORMATS FOR INVOICES OR REQUESTS FOR PAYMENT
11 Contractor s INVOICE/ REQUEST FOR logo 1 PAYMENT 2 N : VAT N : For the attention of: Martine Smit European Training Foundation Villa Gualino viale Settimio Severo 65 I Torino In accordance with Article 6 of Contract N., we hereby request an advance payment of (being % of the total value of the contract). The payment should be made into the following bank account 3 : Beneficiary: Bank: Bank address: Bank Account: Benificiary Bank_Name Bank_Addr Acc_no Signed: Date: 1 Please reproduce this format on the headed stationery of the Contractor 2 You should submit an invoice only if entitled to do so by law, e.g. if you have a VAT number. Otherwise you should submit a request for payment. 3 The Foundation should be immediately notified of any change in the bank details.
12 FINAL INVOICE/ Contractor s logo 4 FINAL PAYMENT 5 N : VAT N : REQUEST FOR For the attention of: Martine Smit European Training Foundation Villa Gualino viale Settimio Severo 65 I Torino In accordance with Article 6 of Contract N., we hereby request the payment of the following amounts in consideration for services provided: Fees Item Rate Amount (in ) Direct costs Sub-total 1 Reimbursable costs Sub-total 2 Less advance(s) received TOTAL FINAL PAYMENT REQUESTED Sub-total 3 4 Please reproduce this format on the headed stationery of the Contractor 5 You should submit an invoice only if entitled to do so by law, e.g. if you have a VAT number. Otherwise you should submit a request for payment.
13 The payment should be made into the following bank account 6 : Beneficiary: Bank: Bank address: Bank Account: Benificiary Bank_Name Bank_Addr Acc_no Signed: Date: 6 The Foundation should be immediately notified of any change in the bank details.
14 ANNEX F VAT EXEMPTION CERTIFICATE
15 VAT EXEMPTION CERTIFICATE FOR ITALIAN COMPANIES
16 VAT EXEMPTION CERTIFICATE FOR EU MEMBER STATE COMPANIES (EXCEPT ITALY)
17 ANNEX G GENERAL TERMS AND CONDITIONS APPLICABLE TO CONTRACTS AWARDED BY THE PEAN TRAINING FOUNDATION Article 1 Performance of the contract 1. The Contractor shall take all necessary steps to ensure that he and his staff remain dissociated from the administrative structure of the Foundation during the performance of the Contract. Under no circumstances shall the Contractor or his staff become or be considered to be integrated into the Foundation's personnel. 2. If the Contractor is a natural person, he shall be required to provide proof of his status as a self employed person. To this end he shall supply details of his social security cover and his situation with regard to VAT. Article 2 Secondary obligations on the Contractor 1. The Contractor undertakes to perform the tasks assigned to him according to the highest professional standards. In performance of the contract, the Contractor is required, depending on the circumstances, to use only his own highly qualified, professional staff. 2. The Contractor shall, at the Foundation's request, replace immediately and without compensation any member of his staff considered unsuitable to be present on the premises of the Foundation. 3. The Contractor shall ensure that he has made all the necessary insurance arrangements to cover his staff against any risks that might arise during the performance of the contract. 4. The Contractor undertakes to provide the Foundation with any information it may request for the management of the contract. 5. In the event of termination of the contract for one of the reasons referred to in Article 7 of these General Terms and Conditions, the Contractor shall undertake to send the Foundation all information and documents in his possession relating to the tasks assigned to him. Article 3 Confidentiality 1. The Contractor undertakes not to make use of and not to divulge to third parties any facts, information, knowledge, documents or other matters communicated to him or brought to his attention in the performance of the contract or any results arising therefrom. He shall continue to be bound by this undertaking after the expiry of the contract. 2. If the Contractor uses his own staff in performance of the contract, he shall obtain from each staff member a written undertaking that they will respect the confidentiality of any information brought to their attention in the performance of the work and that they will not divulge to third parties or use for their own benefit or that of any third party any document or information not available publicly, even after completion of their assignment. A copy of the undertaking shall be sent to the Foundation. Article 4 Permits and licences 1. The Contractor shall be solely responsible for taking the necessary steps to obtain any permit or licence required ETF Service for performance of the contract under the laws and regulations in force at the place where the tasks assigned to the Contractor are to be performed. 2. The Foundation may terminate the contract without notice if the Contractor is unable, through his own fault, to obtain before the start date of the tasks any permit or licence required for performance of the contract. Article 5 Force majeure The Contractor shall not be entitled to payment if he is prevented by force majeure from performing the tasks assigned to him. Part performance only of any such task shall result in part payment. Unless stated to the contrary in the contract, the above provisions shall not affect the Contractor's entitlement to reimbursement of travel and subsistence expenses and of costs for the shipment of equipment incurred in part performance of the contract. Article 6 Liability of the contracting parties 1. The ETF shall not under any circumstances or for any reason whatsoever be liable for damage sustained by the Contractor himself or by his staff in the performance of the contract. The ETF shall not accept any claim for compensation or repairs in respect of any such damage. 2. Except in the case of force majeure, the Contractor shall be required to indemnify the ETF for any damage it may sustain in the performance, poor or otherwise, of the contract. To this end the Contractor shall ensure that he has taken out adequate insurance to cover himself in such an event. Article 7 Termination of the contract 1. The contracting parties may, of their own volition and without being required to pay compensation, terminate the contract by serving formal notice. Should the ETF terminate the contract, the Contractor shall only be entitled to payment corresponding to part performance of the contract. 2. In the event of a serious failure by the Contractor to fulfil his obligations under the contract, the ETF may terminate the contract at any time by registered letter without formal notice or payment of any compensation whatsoever. This provision shall not affect the application of Article 6(2) of these General Terms and Conditions. Article 8 Assignment and services of third parties 1. The Contractor shall not, without the prior and express approval of the ETF, assign the rights and obligations arising out of the contract in whole or in part, nor subcontract any part of the contract, nor cause it to be performed in fact by third parties. 2. Even where the ETF authorises the Contractor to subcontract all or part of the work to third parties, he shall none the less remain bound by his obligations to the ETF under the contract. 3. Save where the ETF expressly authorises an exception, the Contractor shall be required to include in any contract signed with third parties, for all or part of the
18 work, provisions enabling the ETF to enjoy the same rights and guarantees in relation to third parties as in relation to the Contractor himself. Article 9 Ownership 1. Except where industrial or intellectual property rights already exist, any results or patent obtained by the Contractor in performance of the contract shall be the property of the ETF, which may use them as it sees fit. 2. Except where copyright or other right of ownership already exists, copyright and any other right of ownership in respect of manuscripts or parts thereof shall belong exclusively to the ETF. 3. On the date of acceptance of the manuscripts and subject solely to the exception referred to in paragraph 2 above, all rights in respect of manuscripts, including amongst others the right to use, print, publish and sell all or part thereof in any manner and in any language whatsoever, shall be acquired for all countries by the ETF, which may transfer all or part of such rights to third parties on their own terms. 4. The Contractor shall specify any parts of manuscripts, including illustrations, maps and graphs, on which copyright or any other right of ownership already exists and hereby affirms that he has obtained permission to use any such parts from the titular holder(s) of such rights or from his or their legal representatives. Any cost for which the Contractor may become liable for such permission shall be paid by him. Save as otherwise provided for in paragraph 2, the Contractor hereby affirms that he is entitled to transfer the copyright or other rights of ownership in respect of the subject matter of the manuscript. 5. The ETF shall not be required to publish manuscripts or documents supplied in performance of the contract. If it is decided not to publish the manuscript or documents supplied, the Contractor shall not have them published elsewhere without the written approval of the ETF. 4. Reimbursable travel and subsistence expenses shall be paid, where appropriate, on production of supporting documents, including receipts and used tickets. 5. Payments shall be made within 30 days of receipt of the request for payment and shall be deemed to have been made on the date on which they are debited to the ETF's account. The ETF is bound to comply with the 30 day payment period only if requests for payment are sent to the address indicated in the contract and if its departments establish that the services rendered conform to the contract and that the debt has been confirmed and quantified and is due. 6. A Contractor whose registered office or residence is situated within the territory of one of the Member States shall indicate a banking institution on the territory of the country in which the registered office or residence is situated for the payment of sums due to him under the contract. Article 11 Provisions relating to taxation 1. If the tax laws to which he is subject require the Contractor to pay VAT on fees received under the contract, the amount of VAT shall be included in the total sum paid by the ETF in consideration for services rendered. 2. The Contractor shall be responsible for complying with the national tax laws applicable to him in respect of payments under the contract with the ETF which are not exempt from income tax in the Member States. Article 12 Amendments or additions to the contract The provisions of the contract and the annexes thereto may be amended or supplemented only by means of a supplementary written agreement initialled on each page and signed by each of the parties or their authorised representatives. Article 10 Methods of payment 1. Payments shall be made in. 2. Unless otherwise stated in the contract, the ETF may pay at the request of the Contractor an advance equal to 30% of the amount due on completion of the contract. Payment of the advance may be made conditional upon the furnishing by the Contractor of proof that he has lodged a deposit equal to the amount of the advance. The advance shall be deducted from subsequent payments in such a manner that it is fully recovered on exhaustion of the funds provided for such payments. 3. In the event of termination of the contract under Article 7 of these general terms and conditions, no payment shall be due except for services actually rendered up to the date of termination. In such an event, the amount due shall be calculated after deducting any payments already made. If the payments made prior to termination exceed the sum finally due, the additional amount shall be repaid in full by the Contractor to the ETF within 30 days of receipt of a request for repayment. If payment is not made within this period, the sum owed by the Contractor shall start to bear interest at the rate applied by the European Central Bank to its operations on the last day of the period allowed for repayment.
19 VILLA GUALINO VIALE SETTIMIO SEVERO 65 I TORINO T F E INFO@ETF.EU.INT contractor_name contractor_legal_representative contractor_street_address, contractor_postcode - contractor_city contractor_country Ref. Turin, Dear contractor_legal_representative, RE: SIGNATURE OF CONTRACT CONTRACTNUMBER - TITLE We are pleased to inform you that your offer has been accepted for the provision of your services for the above-mentioned activity. Please find enclosed three copies of the contract to cover this activity. After signing all three copies, please retain the copy marked Contractor s Copy for your files and return the remaining two copies to the following address: European Training Foundation manag_officer Villa Gualino viale Settimio Severo 65 I Torino Tel : Fax : Thank you for your co-operation. Yours sincerely, authorising_officer Enclosed: 3 copies of contract
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