Acknowledgement* I understand and agree to these terms and conditions
By submitting this form, you acknowledge that you have read the terms and conditions explained below:
GENERAL
The following Terms and Conditions will apply to the relationship between Youniverse.SA and the Assistant.
The Assistant and Youniverse.SA (“the Parties”) agree that these Terms and Conditions together with the schedule, represents the entire Agreement (“this Agreement”) between the Parties and that no alterations or additions to this Agreement may be effected, unless agreed to by both parties and reduced to writing and signed by the Assistant and Youniverse.SA.
Youniverse.SA shall not be bound by any representation, express or implied not recorded herein or reduced to writing and signed by the Assistant and Youniverse.SA.
No indulgence or extension of time which Youniverse.SA may grant to the Assistant shall constitute a waiver or limitation of Youniverse.SA’s rights in any way.
Each Party warrants to the other that it has the power, authority and legal right and / or capacity to sign and / or perform in terms of this Agreement.
It is agreed that each clause of this Agreement is severable, the one from the other, and if any clause is found to be defective or unenforceable for any reason by any competent court, then the remaining clauses shall continue to be of full force and effect
COMMENCEMENT DATE, COMING INTO FORCE, DURATION AND AMBIT OF THIS AGREEMENT:
The Effective Date of this Agreement shall be on the date of signature of this Agreement by Youniverse.SA accepting the Application – Information Schedule submitted by the Assistant.
SERVICES
Youniverse.SA engages the services of the Assistant as an independent contractor, who hereby agrees and undertakes to make available to Youniverse.SA his/her services, skill and ability, subject to the terms and conditions of this Agreement.
Youniverse.SA hereby contracts with the Assistant to render the specific services referred to in the Information Schedule. It is expressly understood and agreed that the Assistant shall not be employed by Youniverse.SA and that this Agreement shall not be construed in any way as being a contract of employment. Youniverse.SA is therefore not subject to the provisions of the Labour Relations Act nor the Basic Conditions of Employment Act nor any other Labour related legislation.
The services of the Assistant will be utilized over the period of this Agreement which shall commence on the Effective Date and shall remain operative until the completion in all respects of the services to be rendered by the Assistant.
The Assistant shall be available to render the services specified in the Information Schedule attached hereto when requested by Youniverse.SA on reasonable notice from the Effective Date to the conclusion of the services to be rendered by the Assistant.
HOURS OF WORK
The Assistant shall conform to such hours of work as are stipulated in the Information Schedule attached hereto and shall not be entitled to receive any additional remuneration for work performed outside normal hours unless with the prior written consent of Youniverse.SA.
FEES
Youniverse.SA agrees and undertakes to pay the Assistant fees at the rate stipulated in the Information Schedule attached hereto.
The Assistant shall be obliged to complete a time sheet in respect of all services rendered by/him her in terms of this Agreement including overtime and shall furnish an invoice to Youniverse.SA who shall make payment to the Assistant once payment is received from the client.
UNDERTAKINGS BY ASSISTANT
The Assistant agrees and undertakes during the period of this Agreement:
to carry out all reasonable instructions from Youniverse.SA in the performance of his/her duties and to carry out his/her duties professionally and diligently;
to maintain the standards set by Youniverse.SA and not to do any act, matter or thing which may adversely affect the good name and reputation of Youniverse.SA;
to attend appointment locations at times arranged punctually and regularly, save in cases of genuine illness or accident;
to ensure that all deadlines specified by Youniverse.SA are met;
not to accept any other work or undertaking during the period of this Agreement without the prior written consent of Youniverse.SA;
not to reveal or disclose to anyone other than to the partners of Youniverse.SA information concerning and/or relating to the business affairs of Youniverse.SA or any other confidential information relating to any aspect of the services rendered of whatsoever nature.
DURATION AND TERMINATION OF THIS AGREEMENT
As from the Effective Date this Agreement shall continue for a period more fully stipulated in the Schedule attached hereto and in the event of this Agreement terminating at an earlier date the Assistant shall have no claims against Youniverse.SA of whatsoever nature.
In the event of the Agreement proceeding beyond the date stipulated in the Information Schedule Youniverse.SA shall have the option either to give written notice of termination of this Agreement to the Assistant or alternatively to agree in writing to continue with this Agreement for the extended period but subject to such additional fees as are agreed upon in terms of the Information Schedule hereto.
Youniverse.SA and the Assistant confirm that this Agreement may be terminated forthwith on the following grounds:
by mutual agreement between the parties in writing;
upon expiry of the period of the Agreement;
in the event of a material breach of this Agreement by either party;
in the event of the incapacity, illness or death of the Assistant.
ACKNOWLEDGEMENT BY THE ASSISTANT
The Assistant acknowledges and confirms that Youniverse.SA shall have the right to re-schedule dates when services are to be performed.
RESTRAINT
Unless expressly agreed and reduced to writing and signed by Youniverse.SA and the Assistant, the Assistant may not agree, contract, perform or render any services offered by Youniverse.SA directly or indirectly or to any existing or future clients of Youniverse.SA during the duration of this agreement and for a period of 12 (twelve) months after the termination of this Agreement within the Johannesburg jurisdiction.
INDEMNITY
The Assistant hereby indemnifies and holds Youniverse.SA harmless against all and any claims, losses, liability, costs and expenses of whatsoever nature, including legal costs as between attorney and own client, which Youniverse.SA may suffer or incur by reason or in consequence of any willful or negligent action by the Assistant resulting in any losses or claims to and/or against Youniverse.SA.
CONFIDENTIALITY
The Assistant hereby undertakes that during the course of this Agreement and for a period of 2 (two) years from the termination of this Agreement:
keep confidential all information (written, including information contained in electronic format, or oral) concerning the business and affairs of Youniverse.SA and or its clients; and
not disclose any information concerning the business activities of Youniverse.SA and/or its model in whole or in part to any other person and more particularly, not for her/his own benefit nor the benefit of any third party; and
use this information solely in connection with the implementation of this Agreement and not for her/his own or the benefit of any third party; and
the provisions set out herein shall not apply to the whole or any part of the information to the extent that it is:
already known to the Assistant;
independently developed by the Assistant;
publicly available;
rightfully received from a third party;
required to be disclosed in response to a valid order of court or other governmental agency or if disclosure is otherwise required by law.
Upon the expiration or termination of this Agreement for any reason whatsoever, the Assistant shall promptly return all the information of Youniverse.SA, together with all copies, notes and reproductions in connection with such information and must permanently delete all saved information on all electronic devices.
Not to approach, nor recruit or appoint any Assistants currently employed by Youniverse.SA or having been employed by Youniverse.SA within a period of 6 (six) months of such assistant having ended her/his working relationship with Youniverse.SA.
IMPLEMENTATION AND GOOD FAITH
The parties undertake to do all such things, perform all such acts and take all steps to procure the doing of all such things and the performance of all such acts, as may be necessary or incidental to the terms, conditions and import of this Agreement.
The parties shall at all times during the continuance of this Agreement observe the principles of good faith towards one another in the performance of their obligations in terms of this Agreement.
The Information Schedule attached to these terms and conditions forms part of this Agreement and shall for all purposes be deemed to be incorporated in this document.
The parties hereby choose as their domicilium citandi et executandi for all purposes in terms of this Agreement, the addresses stipulated in the Information Schedule attached hereto.
CANCELLATION OR POSTPONEMENT:-
On confirmation by Youniverse.SA.SA to the Assistant of specific services to be rendered by the Assistant to a specified client at a specified time and date the Assistant accepts and agrees that she/he will be liable to Youniverse.SA.SA for all and any losses occasioned by Youniverse.SA as a result of the Assistant not attending the appointment timeously or at all.
PRIVACY
Save for disclosure requirements by law, the Assistant shall not disclose any information of and concerning Youniverse.SA and/or any of its clients to third parties without Youniverse.SA’s written consent.
LIABILITY
The Assistant shall at all times remain solely responsible for her/his acts, deeds and/or omissions and for any and all claims, loss or liabilities arising from:
direct or indirect negligence of the Assistant in the execution of and/or failure to execute her/his services;
wilful misconduct, omissions, non-performance, misrepresentations, attributable to Youniverse.SA.
Youniverse.SA shall have the ability to deduct any sums owed to it by the Assistant against any sums it owes to the Assistant whether any such sum is currently owing or which shall in the future be owing under this Agreement or not. Any exercise by Youniverse.SA of its rights under this clause shall be without prejudice to any other rights or remedies available to it under this Agreement or otherwise.
TRANSFER AND ASSIGNMENT
Unless otherwise agreed to in writing by Youniverse.SA, the Assistant will not be entitled to cede or assign any of its rights or delegate any of its obligations under this Agreement. In particular, the Assistant will not be entitled to subcontract any of its rights under this Agreement unless specifically provided to the contrary herein or the required prior written consent is obtained.