These standard terms of business represent an agreement between Commercial Consultancy Services Limited whose registered office is situated at PO Box 146 Road Town Tortola British Virgin Islands hereinafter referred to as “The Company” on the first part and The Independent Self Employed Contractor who has completed the company’s Client Details and Application Form and who has recorded their full name and residential address at section A1, hereinafter referred to as “The Contractor” on the second part; whereas The Company agrees to provide accounting services to the Contractor subject to these terms and conditions:
The Contractor has completed the “Client Details and Application Form” and wishes to avail of The Company’s accounting services. In order to provide these services a representative of The Company may be required to sign contracts which relate to the provision of services by The Contractor. Any such contracts will only be signed on receipt of the written authority of and with the express permission of The Contractor with the company acting solely as the Contractors signatory agent in that respect. In signing any contract on behalf of The Contractor The Contractor understands that The Company will not nor does it wish to exercise any form of supervision, direction or control over the actions of The Contractor.
In this agreement the masculine shall also refer to the feminine and vice versa and the singular the plural and vice versa. This Agreement may be revised in part or in whole by the approval in writing of both parties. The Contractor hereby agrees and undertakes that he will at all times during the period of this Agreement observe and comply with the terms and conditions contained herein and warrants that he shall perform all his obligations and undertakings pursuant to this Agreement in a lawful manner.
Nature of the Agreement
The Company provides its services to The Contractor at the specific request of The Contractor. The Company is not nor does it wish to be an employment agency or an employer. The Company does not employ the Contractor and does not find work for or recommend work to the Contractor. The Contractor is an independent contractor and is wholly responsible for his fiscal, financial, and business affairs arising from this or any other agreement. Fiscal, financial, and business affairs shall include but not be restricted to include any form of statutory or governmental taxation or contributions arising from The Contractors place of birth, place of business, country of domicile, country and or place of permanent or temporary residence, nationality. The Contractor hereby covenants with The Company that The Contractor shall be responsible for all tax, statutory liabilities and any similar contributions properly due to be collected or remitted by or on behalf of The Contractor wherever they may arise in respect of monies received under this agreement and shall be responsible for informing all statutory authorities as may be applicable of his whereabouts when and if required to do so and shall wholly indemnify The Company in respect of any claims that may be made against The Company by any such relevant statutory authority relating to services under this agreement. The Contractor is responsible for obtaining all necessary permissions, licenses, consents, waivers or other relevant documents required by him in his capacity as an Independent Contractor and or arising from this agreement. The Contractor will assume responsibility for all taxes that may be levied at any time upon his or her earnings and will indemnify the Company, Agent & End Client against all and any claim made against them for such taxes.
The Company will pay to The Contractor the gross sum invoiced Less The Company’s fees and Less any charges incurred in receiving or making onward payment to The Contractor. The Company will only pay monies to The Contractor on receipt of cleared funds into The Company’s bank account. The Company will not be liable to The Contractor for any monies not paid by a client whether or not having properly raised an invoice in respect thereof or for any delayed payment whatsoever where such delayed payment is by reason of a bank credit or similar credit received without sufficient identification or details necessary to accurately reconcile the funds.
Termination of the Agreement
The Agreement is temporary and designed to suit the requirements of The Contractor. Either party may terminate this Agreement without prior notice. Notice of termination of the agreement may be given in any form.
Charges and Service
The Company reserves the right to change its charges and method of provision and nature of service it provides from time to time subject to 14 days notice in any form.
Liabilities and Authorities
In any event and in no circumstance will The Company be liable for any loss or cost whatsoever whether direct or indirect and this will include but not be restricted to loss of profits, business or anticipated savings, or any indirect consequential damage whatsoever. The Contractor must not and has no authority to enter into any agreement on behalf of The Company.
The Contractor will indemnify and hold The Company harmless against any and all claims whatsoever and howsoever arising from the actions or inaction’s of The Contractor. In the event of any such action being brought against the Company The Contractor will enjoin The Company in any necessary defense. The Contractor shall ensure the provision of adequate Employer’s Liability Insurance, Public Liability Insurance and any other relevant policies in respect of all the assignments undertaken and shall make a copy of such policies available to The Company upon request.
Contracts with Third Parties
The Contractor agrees to abide by all terms and conditions of any contract that The Company will be required to sign from time to time with third parties on The Contractors behalf and further indemnifies and holds harmless The Company for any breach of the said terms and conditions as may be occasioned by him.
Income Tax, National Insurance/Social Security
The Contractor will at all times during the continuance of the provision of services, make any and all such deductions of statutory liabilities as required. The Contractor will also duly account, where applicable, to the relevant government department or agency for any such deductions made by it.
The Contractor shall indemnify and hold harmless the Company and any of it’s Associated Companies, the Agent and the End Client against any taxes, contributions, liabilities, penalties or interest that may be incurred by the Contractor from earnings pertaining to this agreement.