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Contract for Work and Services

Here you will find detailed explanations on how to understand our tried-and-tested contract for work and services.
Simply click on the relevant paragraph.

Contract for Work and Services

Between

Client:
[Official company name]
[Addition]
[Street no.]
[Postcode town]
[Country]

hereinafter referred to as the client

A trade company from Germany or Austria would like to hire a reliable and highly qualified European subcontractor for its project. Here are his company details!

and

Contractor:
[Official company name]
[Addition]
[Street no.]
[Postcode town]
[Country]

hereinafter referred to as the Contractor

As soon as you can be commissioned for this project, we will send you an e-mail with all the contract documents. It contains the following via DocuSign contract for workour commission agreement and authorization to receive money. Instructions from DocuSign can be found in our downloads.

Your collaboration with the client starts with the digital signatures and we will provide you with comprehensive support in your career as a subcontractor from then on.

This section defines the subject matter of the contract and regulates the work that you are to carry out as a subcontractor in accordance with the client's requirements.

This describes the exact work that you are to create independently for the client. The detailed description allows you to accurately estimate the amount of work you will need to do. It is in your interest to only take on tasks that you can complete perfectly and on time.

This paragraph makes it possible to respond to changes during implementation (e.g. if you deem them necessary to maintain quality). This makes a project more flexible and, if necessary, adapts it to the client's needs during implementation.

This ensures that you only have to provide the additional services for which your company is equipped. In this way, we ensure that you only take on tasks that you can perform to a high standard.

This stipulates that you must carry out your work in such a way that other workers on the construction site are not hindered. This ensures that the project runs smoothly and that there are no conflicts with other trades. This section also emphasizes the importance of timely coordination and communication between all parties involved to ensure an efficient workflow. We advise you to coordinate your planning early on.

This sets out the terms of payment for the services, including the hourly rate, invoicing, payment deadlines and the consequences of late payment by the client. This information must be formulated clearly and unambiguously.

This sets out the hourly rate for the agreed services so that you know in advance what remuneration you are entitled to.

Note: You can always rely on the client to schedule the construction site and material planning in such a way that there are no delays for you. In addition, billing by director's hours guarantees that you will be paid for every hour worked.

This section describes the scope of the remuneration. It includes all necessary or legally stipulated costs for the service.

It also ensures that the materials and consumables are paid for separately by the client. This gives you transparency on all financial aspects of the project.

Based on your countersigned activity/acceptance reports, we issue the client with weekly partial invoices in your name. This ensures that your work is paid promptly and you receive your money quickly and regularly.

It should be noted here that the recipient of the service is responsible for the taxation of the remuneration in accordance with Section 13b UStG.

To ensure that we issue invoices without VAT on your behalf and that you do not have to pay it, you need an exemption certificate according to § 48b EStG.

For environmental reasons, we have consistently switched to "the paperless office".

This is why the client receives your invoices immediately and without delay by post.

This section regulates the payment target to ensure that financial transactions run smoothly. The short-term payment target allows you to plan your financial resources precisely.

These clearly defined conditions minimize potential disputes over late payments and the resulting measures. resulting measures are minimized. Both parties know exactly what they are agreeing to and there is little room for interpretation or misunderstanding.

Note: If the client is more than 5 days in arrears, you are entitled to stop the work and terminate the contract. In this case, you shall not be entitled to any claims for damages and your entitlement to full payment for work performed to date shall remain unchanged.

This section provides information on the processing surcharge in the event of a reminder for late payment.

This section specifies how and when the services must be provided, including the location, start of construction and expected completion dates.

Because you implement the work independently under your own management, there is no risk of a prohibited hidden hiring out of employees.

This section ensures that the project is completed on time and without defects. As a subcontractor on German construction sites, you are responsible for the schedule and execution.

A clear definition of the deployment location enables smooth planning and execution of the construction project for everyone involved. This avoids unnecessary delays.

Determining the assignment location before the start of the project is not only an important and necessary part of a contract for work, but also enables you to better coordinate your travel and accommodation.

Setting a fixed construction start date ensures a punctual start. This allows you to plan precisely.

Should the assignment be postponed for important reasons after conclusion of the contract, timely notification is absolutely essential. By mutual agreement, changes of dates are not a challenge.

Reliable completion times for the agreed services help you to ensure uninterrupted project planning and manage your time efficiently.

This defines your responsibilities as a subcontractor with regard to your employees, compliance with legal provisions and the duty of confidentiality.

This section confirms that you will meet all requirements professionally, even if you have to satisfy other customers at the same time. You guarantee an efficient and high-quality performance without having to compromise on other projects.

Note: At the same time, you confirm that you work for several clients and do not use your employees exclusively for them. exclusively for him. This means that there is no risk of bogus self-employment.

By complying with legal requirements and social safety standards, you guarantee the legality of your work.

The client must be able to rely on the fact that all legal requirements are met and that his project is in safe hands.

This confidentiality agreement guarantees the client discretion and protects his sensitive information. It is important for the client that all information in connection with the project is treated confidentially by you and is not passed on to third parties.

You are responsible for submitting declarations and applications to the authorities yourself. We will help you to complete all the necessary formalities properly and not overlook anything.

Note: Clients are always concerned about hiring dubious subcontractors and thus taking a high risk. It is therefore important that you aware of all obligations and that you can prove that you have paid all taxes properly.

In order to fulfill all legal obligations, you are responsible for the proper payment of contributions and taxes. The client relies on the fact that all your employees are properly registered and that no legal problems arise for them as a result.

This section regulates who is responsible for the accommodation of workers and what costs are incurred.

If necessary, we will help you to find suitable accommodation for the specialists deployed. If the client can provide you with accommodation that you would like to use, a rental rate of €20.00 per day per man will be agreed. To simplify matters, these costs can be included in the invoice.

This stipulates that neither the contractor nor the client may conduct any direct business with each other's customers during or after the end of the contract.

Non-compete clause for the contractor
Its customers are the client's assets. We know that you are very aware of this.

In order to strengthen trust in the collaboration, you guarantee the client that you will not enter into any direct transactions with their customers and ensure the integrity and exclusivity of your successful collaboration.

Non-competition clause for the client
In this section, the client undertakes not to conduct any direct business with your tradesmen or subcontractors. This avoids potential conflicts of interest and ensures the smooth execution of the agreed work.

The non-competition clauses are valid from the conclusion of the contract until 12 months after the end of construction. This time limit protects the interests of both parties and ensures that the restrictions on competition are appropriate and fair.

This section defines the client's obligation to provide the contractor with all the information required to carry out the work properly.

Transparent communication and the provision of relevant information have a significant impact on the efficiency and quality of your work.

To ensure that nothing stands in the way of the proper implementation of the project, it is particularly important that the client provides all the necessary documents and information in good time.

This section describes how partial acceptances are used for weekly invoicing and how the final acceptance of the finished work is carried out.

Billing is based on a weekly partial acceptance. Each partial acceptance confirms the defect-free execution of the work carried out during the period.

Note: The acceptance is a visual inspection. In the event of subsequent defects, you are responsible for repairs under the warranty.

During the final acceptance, the client checks the completed work together with you. This marks the final completion of the order.

This ensures that all work has been carried out in accordance with the agreed standards and that any defects have been rectified. have been rectified. You are, of course, still obliged to comply with the statutory provisions and to be liable for the quality of your work within the specified time periods.

This defines your obligations with regard to public liability insurance and liability for damage to equipment and materials.

Obligation to take out public liability insurance
To protect yourself from the financial consequences of damage, you must take out adequate public liability insurance. By providing proof of this to the client, you document your willingness to take responsibility for unforeseen events.

Liability for damage
This stipulates that you are only liable for damage and defects caused by your fault to equipment and materials, improper handling or excessive waste when carrying out your work. Consequential costs are covered by your business liability insurance.

This section regulates the notice periods as well as the possibility for clients to check the suitability of the workers they employ and to terminate the contract without notice if they have concerns.

The notice period is 7 calendar days regardless of your right to early termination for good cause.

Note: The client also has the opportunity to check the suitability of your fitters on the "familiarization day". If the qualifications do not meet the agreed requirements, the client has the right to withdraw from the contract without notice. No payment is due for the service provided on the first day if your crew is replaced or the contract is terminated.

Here, final regulations such as the formal requirement for contract amendments, the validity of the remaining provisions if a clause is invalid and the jurisdiction of the court for disputes are defined.

The paragraph regulates the final provisions of the contract. It is clarified that verbal collateral agreements do not apply and amendments to the contract must always be recorded in writing.

Severability clause
If a provision of the contract is unenforceable or becomes invalid, this shall not affect the validity of the remaining provisions.

Finally, it is stipulated here that the court at the client's registered office shall have jurisdiction in the event of disputes.

Place, date

Contractor's signature

Place, date

Signature of client

Icon contract for work

Download the work contract

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