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Section 1: Subject-matter of the Agreement
1 The client commissions Dream Event
Service (company), to provide personnel on a freelance basis for a specified
period.
2 The Company undertakes to provide the
Client with personnel for the period of time requested. The Company will pass
on to the relevant personnel any special requirements of the Client, such as
clothing, working hours, working venue etc., and undertakes to ensure by way of
contractual agreement with the person(s) concerned that all relevant facts and
circumstances are known.
3 The Company exclusively undertakes to
perform the agency service described in Section 1, Paragraph (1) above. Any
change in the job profile of an ongoing assignment is not covered by this
Agreement but is, where necessary, subject to separate agreement with the
person concemed. The remuneration obligation pursuant to Section 2 shall remain
unaffected by any such divergent agreement.
4 Should the Client require one or more
persons over and above the terms of this Agreement, separate agreements must be
concluded in each case. The respective person(s) shall not be regarded as
member(s) of a group but shall carry out work individually in line with the
requirement profile specified in Section 1, Paragraph (1) above.
Section 2: Term of Agreement / Termination
1 Each assignment is limited in time.
These time periods shall be stipulated in the cost quotation and confirmation
of assignment. Termination of an assignment in progress is precluded, except in
the case of termination for cause.
2 The assignment can be split into full or
half days. One accounting day constitutes 9 hours working time where break
arrangements (minimum of 30 minutes) must be coordinated with the person
concerned. A half accounting day is 4.5 hours working time where break
arrangements must similarly be coordinated with the person concerned.
3 In the event that a person’s work input
is required on any given day for more than 9 hours, a supplemental agreement
must be made with the Company allowing for the terms of Section 2, Paragraph 1
above.
4 Notwithstanding the above, the Client
has the option of concluding a proprietary agreement with the person
introduced. In any such case, the Client undertakes not to compensate the
person with any less than the remuneration agreed under Section 3. Account
shall be rendered through the Company pursuant to the terms set out in Section
3.
5 The Client undertakes to notify the
Company of any and all individual agreements made with persons already
introduced. Should any less remuneration than stipulated under Section 3 be
agreed in an individual agreement with the person concemed, this shall incur a
contractual penalty equivalent to three times the respective person’s daily
fee.
Section 3: Remuneration
1 Once the Agreement has been signed, the
Company shall submit a due and proper invoice to the Client; the invoice amount
is immediately due for payment upon receipt.
2 The right to claim rescission of
contract shall be precluded for both parties. In detail the following forms of
cancallation are effective: in case of cancallation of the ordered staff after
the completion of agreement the contractor is entitled to charge 30 % of the
cancalled contract value up to 4 weeks before the event starts, 50 % up to 14
days, 80 % op to 7 days and 100 % 3 days or less before.
3 Remuneration of the person introduced is
made exclusively through the Company. The Client is not entitled to make any
advance or other payments directly to the person(s) concemed.
This also applies to the provisions of Section 2, Paragraph (4) above.
Section 4: Liability
The Company accepts no liability for damages resulting from the
performance of work by persons it introduces. This applies to all damages which
said persons cause to objects on or with which they perform their duties. In
the case of persons commissioned to perform duties involving money, such as
cashier or the safe custody and transportation of cash, valuables, securities
etc. as well as the effecting of payment transactions, the Company cannot be held
liable in any way whatsoever.
Section 5: Miscellaneous
1 Subsidiary covenants or amendments to
this Agreement must be made in writing in order to become legally effective.
This similarly applies to any change and/or waiver of the written form
requirement. There are no verbal understandings to this Agreement.
2 Should any provision of this Agreement
be or become ineffective, this shall in no way affect the validity of the
remaining provisions contained herein. The ineffective provision shall be
replaced with a legally admissible provision which comes closest to fulfilling
the aim and purpose of the ineffective provision.
Section 6: Place of Jurisdiction
Düsseldorf is agreed as place of jurisdiction for any disputes arising
under this Agreement.
Section 7: Secrecy
The Client undertakes to refrain from storing, processing and/or
divulging any of the data necessary to performing this Agreement without the
consent of the person concerned.
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