Business — Comments Off on Sample letter for Cancellation of Agreement, Contract, Lease, Rental
14
Aug 21

Sample letter for Cancellation of Agreement, Contract, Lease, Rental

Sample letter for cancellation of agreement, contract, lease, rental, estate or any other type. Explain the reasons for the breach and demand the damages.

Dear ________________:

You are hereby officially notified and put on notice that our contract dated ___________, termed the __________________ Agreement is cancelled for cause as a result of your breaches, as described in the Agreement itself.

Among the breaches are the following:  

You are further notified and put on notice as required by UCC regulations that any obligation to make further performance under the Agreement is terminated, and that the right to proceed against you because of your breach of the Agreement is not waived.

You are further notified that as a result of your breach of the Agreement, we have suffered damages in the amount of  $ __________________, computed as follows:

We expect you will make good on these damages and will expect to receive them within the next 30 days.  If this is not possible, please contact us to set up a payment schedule so we can avoid legal expenses on both sides.

Yours very truly,

_______________

Authorized Employee

Cancellation of Agreement, Contract, Lease, Rental – Review List

This review list is provided to inform you about the document in question and assist you in its preparation.

  1. Prepare this letter and send it, along with the underlying contract, to your lawyer. Rarely does an agreement cancellation go uncontested.  Since litigation takes an extended period of time, unless settled along the way, it is very expensive to act in haste and repent at leisure, as the old cliché goes.  This letter is generally used as the initial tactic to get out of an agreement.  You need to consult your lawyer, and a litigation lawyer if suggested by your lawyer, about the best way to proceed. 
  • A buyer’s right to cancel an agreement is determined by the contract itself and the law in general.  The governing law in most states is the Uniform Commercial Code (UCC).  Make sure that you are legally entitled to cancel the contract before sending this notice.  You need to consult a lawyer to get proper answers to this question.  In many cases, as one would expect, the answers are ambiguous.  In those cases, you must weigh the business and legal ramifications of your decision; consulting with your attorney on this is usually a vital component of a satisfactory conclusion.
  • In summary, these kinds of letters tend to be tactical approaches to resolve a business situation.  As a rule, no solution is satisfactory to both parties.  You must try to seek out a solution that is the least painful and most acceptable to the parties.  As we often say in our Negotiations Handbook CD, “It was a perfect compromise; both parties were equally unhappy with the result.”
Download PDF
Download Document
Business — Comments Off on Advertisement, Media Agency, Advertising Services Agreement
14
Aug 21

Advertisement, Media Agency, Advertising Services Agreement

Advertisement and media agency agreement for any type of media-related services. Download and signed the agreement for media & advertisement services.

This Agency Agreement (“Agreement”) is made and effective this _________________ (Date), by and between (“Agency”) and _______________________ (Your Firm) (“Media User”).
Agency is in the business of providing media agency services for a fee.
Media User desires to engage Agency to render, and Agency desires to render to Media User, certain Agency services, all as set forth.

NOW, THEREFORE, in consideration of the mutual agreements and covenants herein contained, the parties hereto agree as follows:

1. Engagement.

Media User engages Agency to render, and Agency agrees to render to Media User, services in connection with Media User’s planning, preparing and placing of advertising and other media services for certain of Media User’s products as follows: ______________________________________________________________________

A. Analyze Media User’s current and proposed products and services and presentations and potential markets.
B.         Create, prepare and submit to Media User for its prior approval advertising ideas, media suggestions, and other such related programs.
C.        Prepare and submit to Media User for its prior approval estimates of costs and expenses associated with proposed advertising ideas and programs prior to any such implementation or financial commitment.
D.        Design and prepare, or arrange for the design and preparation of advertisements, public relations, and other such materials.
E.         Perform such other services as Media User may request from time to time such as but not limited to, direct mail ad preparations, speech writing, publicity and public relations work, market research and analysis, and other similar and related activities.
F.         Order advertising space, time or other means to be used for publication of Media User’s advertisements, at all times endeavouring to secure the most efficient and advantageous rates available.  All such activities are to be approved in advance by the Media User unless otherwise written and stipulated.
G.        Proof for accuracy and completeness of insertions, displays, broadcasts, or other forms of advertisements.
H. Audit invoices for proper and agreed upon space, time, material preparation and charges.

2. Products.

Agency’s engagement shall relate to the following products and services of Media User: _____________________.

3. Exclusivity.

The agency shall be the Agency in the United States and worldwide for Media User with respect to the products described in Section 2 above, unless otherwise specified in this section:________________________.

4.        Compensation.

A.         Agency shall receive an amount equal to ___ percentage of the gross charges levied by media for advertising placed by Agency pursuant to this Agreement; and after volume discount, of the charges of suppliers of services or properties, such as finished art, comprehensive layouts, type composition, photostats, engravings, printing, radio and television programs, talent, literary, dramatic and musical works, records and exhibits, purchased by Agency on Media User’s authorization during the term of this Agreement; provided that:  No percentage will be added to Agency charges for packing, shipping, express, postage, telephone, telex, fax, travel expenses and other out of pocket expenses of Agency personnel.

B.         For those items where Agency is not compensated on a commission basis, Media User shall pay Agency on an hourly basis for services provided hereunder.  The rate will be determined by the type of services provided and the person or persons providing such services, but in no event shall the rate exceed ________ per hour.  Media users may elect in advance to be charged on this hourly rate basis.  If Media User fails to notify Agency of its choice, it shall be presumed that Media User elected to be charged on a percentage basis.

C.        In the event that Agency undertakes, at Media User’s request subject to Media User’s prior approval, special projects such as those described in Section I.F above, Agency shall prepare an estimate of total charges for any such special project in advance, including any charges for materials or services purchased from outside vendors.  In the event that Media User elects to proceed with the special project based upon Agency’s estimated cost, Agency shall perform the services with respect to such special project at its estimated cost, subject to modification as mutually agreed by the parties.

D. For any special project or other services provided by Agency pursuant to this Agreement upon which the parties have not agreed as to charges, Media User shall pay

Agency at its regular percentage rates, as stated in Section 4.A above.

E.         Media User shall not be obligated to reimburse Agency for any travel or other out-of­-pocket expenses incurred in the performance of services pursuant to this Agreement unless expressly agreed by Media User in advance.

5. Billing.

A.         Agency shall invoice Media User for all media costs where possible in advance of Agency’s payment date to allow for prepayment by the Media User so that Media User may receive the benefit of any available prepayment or similar discount.  For any media purchase or service for which Agency is not entitled to a commission, Agency shall ensure that the charges to Media User are net of all agency commissions and discounts.

B.         Charges for production materials and services shall be billed by Agency upon completion of the production job or, if cash discounts are available, upon receipt of the supplier’s invoice.

C. On all outside purchases other than for media, Agency shall attach to the invoice evidence of the supplier’s charges.

D.        All cash discounts on Agency’s purchases including, but not limited to, media, art, printing and mechanical work, shall be available to Media User, provided that Media User meets Agency’s requisite billing terms and there is no outstanding undisputed indebtedness of Media User to Agency at the time of the payment to the supplier.

E. Rate or billing adjustments shall be credited or charged to Media User on the next regular invoice date or as soon thereafter as otherwise practical.

F. Invoices shall be submitted in an itemized format and shall be paid by Media User within sixty (60) days of the invoice date.

6. Competitors.

During the term of this Agreement, Agency shall not accept employment from, render services to, represent or otherwise be affiliated with any person, firm, corporation or entity in connection with any product or service directly or indirectly competitive with or similar to any product or service of Media User with respect to which the Agency is providing any service pursuant to this Agreement, without the advance approval of the Media User.  Media User shall not unreasonably withhold this approval.

7. Cost Estimates.

Agency shall not initiate billable work on any project pursuant to this Agreement without first estimating costs for preparation, including copy, service, layout, art, engraving, typography, processing, paste-up and production.  After determining the estimated cost, completion of the work shall be subject to Media User’s prior approval.

8. Audit Rights.

Agency agrees that following reasonable prior notice any and all contracts, agreements, correspondence, books, accounts and other information relating to Media User’s business or this Agreement shall be available for inspection by Media User and Media User’s outside accountants, at Media User’s expense and during the normal business hours of the Agency.

9.Ownership and Use.

A.         Agency shall ensure, to the fullest extent possible under law, that Media User shall own all right, title and interest in and to, including copyrights, trade secret, patent and other intellectual property rights, with respect to any copy, photograph, advertisement, music, lyrics, video, or other work or thing created by Agency or at Agency’s direction for Media User pursuant to this Agreement and utilized by Media User.

B.         Upon termination, Media User agrees that any advertising, merchandising, package, plan or idea prepared by Agency and submitted to Media User (whether submitted separately or in conjunction with or as a part of other material) which Media User has elected not to utilize, shall remain the property of Agency unless Media User has paid Agency for its services in preparing such item.  Media User agrees to return to Agency any copy, artwork, plates or other physical embodiment of such creative work relating to any such idea or plan which may be in Media User’s possession at termination or expiration of this Agreement.  Notwithstanding this, Media User has the unconditional right to pay for any of these materials or activities at the rate agreed upon in this Agreement and thereby these materials and activities would fall under Section 9. An ownership and use rights accruing to Media User.

C.        Materials and advertisements created by Agency pursuant to this Agreement may be used by Media User outside the United States without additional compensation, provided that Media User shall be responsible for any additional expense associated with such use, such as charges for translation and amounts due talent. 

10. Indemnification and Insurance.

A.         Agency shall indemnify and hold Media User harmless with respect to any claims, loss, suit, liability or judgment suffered by Media User, including reasonable attorney’s fees and costs, based upon or related to any item prepared by Agency or at Agency’s direction, including, but not limited to, any claim of libel, slander, piracy, plagiarism, invasion of privacy, or infringement of copyright or other intellectual property interest, except where any such claim arises out of material supplied by Media User and incorporated into any materials or advertisement prepared by Agency.  Agency agrees to procure and maintain in force during the term of this Agreement, at Agency’s expense, an Agency liability policy or policies having a minimum limit of at least ______________, naming Media User as an additional insured and loss payee under such policy or policies.

B.         Media User agrees to indemnify and hold Agency harmless with respect to any claims, loss, liability, damage or judgment suffered by Agency, including reasonable attorney’s fees and court costs, which results from the use by Agency of any material furnished by Media User or where material created by Agency or at the direction of Agency subject to the indemnification in subsection A. above is materially changed by Media User. Information or data obtained by Agency from Media User to substantiate claims made in advertising shall be deemed to be “material furnished by Media User to Agency.”

C.        In the event of any proceeding, litigation or suit against Media User byany regulatory agency or in the event of any court action or other proceeding challenging any advertising prepared by Agency, Agency shall assist in the preparation of the defence of such action or proceeding and cooperate with Media User and Media User’s attorneys.

11. Terms.

The term of this Agreement shall commence on  _____________ and shall continue in full force and effect until terminated by either party upon at least sixty (60) days prior written notice, provided that in no event (except breach) may this Agreement be terminated prior to __________. The rights, duties and obligations of the parties shall continue in full force during or following the period of the termination notice until termination, including the ordering and billing of advertising in media whose closing dates follow then such period.

12. Rights Upon Termination.

A.         Upon termination of the Agreement, Agency shall transfer, assign and make available to Media User all property and materials in Agency’s possession or subject to Agency’s control that are the property of Media User, subject to payment in full of amounts due pursuant to this Agreement. 

B.         Upon termination, Agency agrees to provide reasonable cooperation in arranging for the transfer or approval of third party’s interest in all contracts, agreements and other arrangements with advertising media, suppliers, talent and others not then utilized, and all rights and claims thereto and therein, following appropriate release from the obligations therein.

13. Default.

In the event of any default of any material obligation by or owed by a party pursuant to this Agreement, then the other party may provide written notice of such default and if such default is not cured within ten (IO) days of the written notice, then the non­defaulting party may terminate this Agreement.  In addition, the only damages collectable by Agency shall be the exact amounts due; no other damages, for any reason whatsoever, maybe assessed against Media User including but limited to, punitive damages and unreasonable termination charges, and any other such claim.  This provision shall be broadly interpreted in the favor of the Media User by any Court of competent jurisdiction.

14. Notices.

Any notice required by this Agreement or given in connection with it shall be in writing and shall be given to the appropriate party by personal delivery or by postage prepaid, or recognized overnight delivery services such as Federal Express.

If to Media User:                     _______________________

                                                _______________________

If to Agency:                            _______________________

                                               _______________________

15. Headings in this Agreement.

The headings in this Agreement are for convenience only, confirm no rights or obligations in either party, and do not alter any terms of this Agreement.

16. Entirety of Agreement.

The terms and conditions set forth herein constitute the entire agreement between the parties and supersede any communications or previous agreements with respect to the subject matter of this Agreement.  There are no written or oral understandings directly or indirectly related to this Agreement that are not set forth herein.  No change can be made to this Agreement other than in writing and signed by both parties.

17. Governing Law.

This Agreement shall be construed and enforced according to the laws of the State of ________________ and any dispute under this Agreement must be brought in this venue and in no other.  

In Witness whereof, the parties have executed this Agreement as of the date first written above. 

________________________                                    ____________________________

Agency                                                                       Media User

Advertisement, Media Agency, Advertising Services Agreement

Review List

This review list is provided to inform you about the document in question and to assist you in completing it. 

  1. This Agreement is primarily of benefit to the Agency.  As a result, you as the Media User should be able to exact substantially better terms for your company in return for making this medium or long-term agreement.  Favorable terms should apply to getting as many extra services at no or minimal charges, as well as negotiating a favorable hourly or percentage rate.  You should review this exercise as no different than in negotiating terms with any outside vendor when predictability, volume, and a long-term agreement are of substantial value to them with all of their customers.
  • If you can not obtain favorable terms, you should consider tabling the Agreement other than to assure that all materials involving them are out rightly owned by your company with no further payments due them.  This Agreement has provisions that apply to this concern and can be extracted from it for your firm’s benefit.
  • Each party should review the terms of the Agency Agreement to make sure you are both comfortable with all of the provisions, particularly concerning:

       Agency’s dealings with other companies

       Media User’s dealings with other agencies

       Ownership of advertisements and other materials

  1. As a practical matter, print at least two copies and have them signed in the original so both parties have an original for their records.     
  1. Laws do vary somewhat from state to stat and are modified by both statute and legal precedent over time.  This is always a good reason to have a lawyer review any agreement, including this one, for hidden problems.
Download PDF
Download Document
Business — Comments Off on Sample Accounting Services Agreement for Accountants & Consultants
14
Aug 21

Sample Accounting Services Agreement for Accountants & Consultants

Sample Accounting Service Agreement for accounting services. A signed agreement eliminates a number of potential problems for both parties. Download PDF & Word formats.

Accounting Services Agreement

_______________, referred to as ACCOUNTANT, and _________________, referred to as CLIENT, agree:

ACCOUNTANT shall furnish accounting services to CLIENT, to be billed monthly at the standard rates for ACCOUNTANT and staff. The following services shall be provided by ACCOUNTANT:

___________________________________________________________

It is specifically agreed that the services to be rendered by the ACCOUNTANT shall not exceed $___________ in total billings during the first 12 months that services are rendered without the prior written approval of CLIENT, and ACCOUNTANT is specifically required to cease rendering services when the amount specified above is reached.

As a sign of good faith, CLIENT will advance ACCOUNTANT $_____ towards the first bill.

Dated: _________________________________________

___________________________________________________________

CLIENT

__________________________________________________________

ACCOUNTANT

Enc.  Extra Copy for Signature

Review List

This review list is provided to inform you about this document in question and assist you in its preparation.  This accounting services agreement should be signed in order to commit both the party and the service provider to the terms of your oral agreement.  A signed agreement eliminates a number of potential problems for both parties.

  1. Make multiple copies.  Have both parties sign both, with each retaining one.  By and large, accountants are the easiest and most amiable people and organizations to deal with.  Nevertheless, it is still a good practice to have your agreement in writing.
  2. As an accountant, you are well advised to get this simple signed agreement from a prospective client.  You may also want to include a small advance.  This is not an unreasonable request as long as it is small and related to the first assignment.
Download PDF
Download Document

Business — Comments Off on Business Partnership And Investment Agreement among more than one Partner
17
Nov 15

Business Partnership And Investment Agreement among more than one Partner

Simple Partnership and Investment agreement with partner details, investment details, services, products, partnership period, location, bank & profit sharing.

Sample Business Partnership Agreement & Deed

AGREEMENT FOR ASSOCIATION OF PERSONS

This Agreement for association of persons is made on this ___”Agreement Date”___________, by and between

  • “Name of First Partner” Resident of “Address “, hereinafter called the party of the First part.
  • “Name of Second Partner”, Resident of “Address”, hereinafter called the party of the Second part.

WHEREAS BOTH THE ABOVE PARTIES ARE SOFTWARE QUALIFIED ENGINEERS “Profession” AND INTEND TO COMMENCE THE BUSINESS JOINTLY UNDER THE STATUS OF AOP. NOW THID DEED IS WITNESS AS UNDER:-

  1. That this agreement shall take effect from “Date”.
  2. That they will continue the business under the name and style of M/S Company Name, Country.
  3. That place of business shall remain located at Complete Address. However, the same can be changed with mutual consent of the members.
  4. That Mr. Name of Partner Party of the First part will be the Managing Partner.
  5. That the nature of business shall be to provide the service\trade\manufacturing of “service name\product name like software development, website development and networking services” in or outside Region\country or any other business which is beneficial for this arrangement shall also be conducted with the mutual consent of the members.
  6. That the capital shall be as per books of accounts.
  7. Bank account/accounts shall be operated jointly by the partners or through authorized person/persons with mutual consent of both the parties.
  8. That the account shall be closed on Year Closing Date of each year.
  9. That the profit and loss shall be shared equally by the members.
  10. That each member shall pay his own Income / Wealth Tax as and when assessed under the law.
  11. That this agreement will be AT-WILL.
  12. That any dispute or difference which may arise among the partners relating to the business shall be settled mutually or through arbitration.

IN WITNESS, WHEREOF THE ABOVE MEMBERS HAVE HERETO SIGNED THIS AGREEMENT TO THEIR OWN FREE WILL IN THE PRESENCE OF ATTESTING WITNESS ON THE DATE FIRST ABOVE NAMED.


_____________________

 

Signature Partner 1

Name of Partner

 

_____________________

 

Signature Partner 2

Name of Partner

Witness to your signature:

  1. Witness Name:

Witness Address:

Witness Signature

  1. Witness Name:

Witness Address:

Witness Signature

Employment — Comments Off on Employment & Work Contract for Permanent & Contractual Employees
16
Nov 15

Employment & Work Contract for Permanent & Contractual Employees

Employment Contract

Dated: Contract Date

Name: Name of Employee

Contents

  • Definitions
  • Entire understanding and start
  • Duties and job description
  • Place of work
  • Hours of work
  • Salary
  • Leave for holidays and other reasons
  • Sickness or other absence
  • Other business or employment
  • New intellectual property
  • Confidentiality
  • Termination of employment
  • Arrangements during notice period
  • Summary termination
  • Procedure after termination
  • Notices
  • Interpretation
  • Governing law

This contract is dated:              Contract Start Date

Your employer is:                      Company Name (“the Company” or “we / us”)

Your employer’s address is:      Company Address

You are:                                     Employee Name S/O Father Name National Identity No

Your address is:                         Employee Complete Address

Your telephone number is:        Employee Phone & contact Details

Your private e-mail is:                Employee Email

The contract terms are: 

1          Definitions

“Company”    means Company Name and, where the context so admits, includes all holding, associated or subsidiary companies as defined from time to time by the companies’ acts of the Pakistan.

“Confidential Information”           means all information about the Company without limit.  It includes information in the public domain.  It includes among other things: information about Company staff, businesses, methods of doing business, future plans, policies, suppliers, customers and the Intellectual Property.  It includes information about the suppliers, agents, distributors or customers of the Company.

“Intellectual Property”     means intellectual property of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, patents, trade, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions.

Entire Understanding & Start

This agreement contains the entire understanding between you and us.
Your employment with the Company started on Employment Starting Date.

Duties and job description

Your job title is “Job Title\Designation”.
Your responsibilities are to undertake various Responsibilities which will be allocated to you from time to time by a manager of the Company.

  • Your duty is to perform your job to the best of your ability and to comply with the law.  In particular you agree that you will report to Manager Designation as often as he shall ask, so as to keep him fully informed as to your activities on behalf on the Company.
  • You agree to do all in your power to promote develop and extend the business of the Company and in all respects conform to and comply with the proper and reasonable directions and instructions of [the Board / General Secretary, Finance Director, etc].

Place of work

You have agreed to work from Company Office located at Company Address.

Hours of work

Your normal hours of work are from 09.00 am to 6.00 pm Monday to Saturday, excluding public holidays.  However owing to the nature of your job your working time is unmeasured and you should work such hours that are necessary to enable you to perform your duties properly.
You are required to comply with any time keeping or record keeping scheme introduced by the Company.

Salary

Your salary is $Amount per month payable by bank transfer no later than the tenth day of the next month, with a view to receipt in your bank account by the 15th day of the next month.

  • We reserve the right to change the pay frequency, day and method of payment, at any time if we decide to do so.  If we do this we will give you as much notice as possible and discuss with you any problems which may arise in your affairs.
  • Your Salary will be reviewed after completion of 4 months of starting contract date or depending upon performance. After first reviewed, your salary will be reviewed annually. We will tell you of any change.

Leave for holidays and other reasons

  • Your entitlement to leave for holidays and all other reasons is 20 working days excluding national and religious holidays.
  • The Company’s holiday year runs from January 1 to December 31.
  • We ask you to agree the dates of your holidays at least 28 days in advance with your supervisor or director in case of long holidays. For our part we will try to give you more notice than your legal entitlement set out below.
  • We may give you notice of days when you may not take leave.
  • You can take your holidays only after you have completed three months employment.
  • Holidays you take for religious reasons are counted as part of your holiday entitlement and are subject to the same terms.
  • A day’s holiday pay for the purpose of this paragraph is 1/260th of your annual salary.
  • If either of us terminates your employment by notice, then any holiday entitlement which will have accrued at the date of termination may be taken as part of the notice period.  If at the date of termination, you have taken more holiday than your entitlement, then you agree that the Company may deduct the value of the excess from your final salary.

Sickness or other absence

  • If you are unexpectedly absent from work for any reason you must inform us as early in the day as reasonably possible.
  • You or someone on your behalf must continue to tell us each day until you are able to provide a medical certificate.
  • If you are absent from work due to sickness or injury for seven days or more (including weekends) you must provide us with a medical certificate.  Further medical certificates must be provided to cover any continued absence.
  • Immediately on your return to work, you must complete a self-certification form stating the date of and the reason for your absence.  You agree to give a full explanation.
  • You agree at any time we ask, whether or not you are absent from work, to undergo whatever medical examinations we believe are appropriate and you hereby irrevocably authorise any medical practitioner to disclose to and discuss with us any reports and matters which, in their opinion, might hinder or prevent you from returning to work or from continuing to work fully and effectively.
  • Provided you have complied with the general terms relating to sickness absence referred to above, you will be entitled to be paid your normal pay for periods of sickness absence up to a maximum of 7 working days in aggregate in any calendar year. Any additional sick pay is at our discretion.

Other business or employment

  • You must devote the whole of your time, attention and ability during your hours of work to your duties for the Company.
  • You may not under any circumstances do any other work or carry on any business during your hours of work for the Company.
  • You may not do other work (even voluntary work), or engage in any other business outside your hours of work for us if in our reasonable opinion this could be prejudicial to your work for us.  You agree that we do not have to give you reasons why we form this opinion.
  • You may not take or retain ownership of any interest in any business whether or not competitive with the business of the Company.

New intellectual property

You and we understand that during your employment with us, you will discover and create Intellectual Property.  You therefore agree that if you are involved in any way with the creation or improvement or discovery of Intellectual Property you will:

  •            Do your utmost to ensure that the Company acquires or retains all rights in such property;
  • Provide to us whatever full specification description text or drawings as are together necessary to enable the Intellectual Property to be registered or protected by the Company.
  • To make this effective you now undertake to do whatever we consider to be necessary or desirable to enable the Intellectual Property to be transferred into the name of the Company or otherwise to secure ownership by the Company.
  • The provisions of this paragraph shall continue indefinitely after the termination of this contract in respect of Intellectual Property made whilst you were an employee of the Company and shall be binding upon your representatives after your death.

Confidentiality

  • It is a condition of your employment that you do not divulge or disclose to any person (and that includes a business of any sort) any Confidential Information except as may be necessary in the course of your work for the Company.
  • You agree that all computer files relating in any way to the Company or to your work are the property of the Company and that you will abide by any instruction of the Company in respect of those files, even when they are held on or in media owned or controlled by you.
  • You agree that the provision above shall continue for a period of two years after the termination of this contract.

Termination of employment

  • This contract will automatically terminate if either of us gives notice to the other as follows:

During your first year’s employment:      4 weeks;

After one year’s employment:                6 weeks.

  • At any time during a period of notice given by either of us, we may terminate your employment immediately by paying to you the balance of salary that would have been payable during the remainder of the notice period.  In this event you are not entitled, and have no claim, to any additional payment whatever.
  • The termination of this agreement will not affect any provision intended to have effect after termination.

Arrangements during notice period

  • The Company expects you to be available and to work during any notice period.
  • The Company will provide a reference for you after termination of your employment as follows:
  • A reference will be supplied only upon receipt by the Company / [HR director] of a request from a prospective employer;
  • A reference will only be supplied directly to the prospective employer;
  • The information we provide is strictly confidential.
  • We reserve the right, entirely at our discretion to:-
  • Terminate your employment before the expiry of the notice period and pay you the money in place of the salary you would have earned during the unworked balance of your notice period (net of usual deductions);
  • Require you to undertake different duties during the notice period.

Summary termination

The Company is entitled to terminate your employment by summary notice in writing if your behavior is at any time so unacceptable as to go to the root of this contract.  Here are examples of behavior that would justify summary dismissal:

  • theft, fraud or deliberate falsification of records; or
  • physical violence; or
  • serious bullying or harassment; or
  • deliberate damage to property; or
  • insubordination; or
  • misuse of the Company’s property or name; or
  • bringing the Company into disrepute; or
  • incapability whilst on duty brought on by alcohol or illegal drugs; or
  • negligence which causes or might cause unacceptable loss, damage or injury; or
  • breach of confidentiality; or
  • failure to comply with any term of this agreement after we have warned you that failure may result in dismissal; or
  • acted in a way that is inappropriate to or incompatible with your continued employment; or
  • Failed to work to a satisfactory standard.

If the Company delays in exercising this right of termination that does not mean the Company has waived its right.

Procedure after termination

  • However this agreement terminates, when it does so, you will:
  • Return to the Company without request all property owned by the Company whether or not you perceive such property to have value; and
  • Delete all Confidential Information from any computer disks, tapes or other media; and
  • Keep secret the fact of the termination of your employment.
  • If you fail to comply with any provision of this paragraph where compliance could be achieved by the signing of some document or doing of some thing by someone else, then you now irrevocably authorise the Company to appoint some person in your name and on your behalf to sign any document or do any such thing (without prejudice to any claims which you may have against the Company arising out of this agreement or its termination).
  • If on the date you leave, money is owed by you to the Company for any reason, you now agree that it may be deducted from any final payment to you.
  • If, during or after the termination of this contract some person offers employment to you of a nature which could lead you to breach this contract, then you will immediately bring this contract to the attention of that person.

Notices

Any notice to be served on either you or the Company is to be sent by first class post or recorded delivery or by e-mail and shall be deemed to have been received by the addressee within five days if posted or 24 hours if sent by e-mail.

Interpretation

In any case where any sub-paragraph of this contract is unenforceable but would be enforceable if some words were deleted or if the scope of it were reduced, then that sub-paragraph shall apply as if such deletion had been made or the scope reduced only to such an extent as to be enforceable.

Governing law

The contract shall be interpreted in accordance with the laws of “Country Name” and shall be subject to the jurisdiction of the courts of Country Name.

 Signed on behalf of the Company

Person Name:

Designation

                                                                                    Signature

Signed by you to confirm you agree to all the terms:

Employee Name:

Employee N.I.C No:

Complete Address:

Employee Signature

Witness to your signature:

  1. Witness Name:

Witness Address:

                                                                                                        Witness Signature

  1. Witness Name:

Witness Address:

                                                                                                        Witness Signature

General — Comments Off on Sample NON DISCLOSURE AGREEMENT – NDA for Joint Project and Task
12
Nov 15

Sample NON DISCLOSURE AGREEMENT – NDA for Joint Project and Task

FREE NON DISCLOSURE AGREEMENT TEMPLATE

This Trade Secret Non-Disclosure Agreement, hereinafter known as this “Agreement”, is created on the __ day of _____, 20__ by and between _____ _, of ________, in the City of _______, State of ________, hereinafter known as

“Releasor”, and ____________________, of

___________________________, in the City of ___________________________, State of ___________________________, hereinafter the “Recipient”, and collectively known as the “Parties”.

WHEREAS, through this Agreement, the Releasor and the Recipient have entered into a relationship by which the Recipient may be exposed to certain Confidential Information of the Releasor, in which the Releasor has an interest in protecting.

NOW, THEREFORE, in consideration of the mutual covenants and promises made by the Parties hereto, the Releasor and the Recipient covenant and agree as follows:

1. TRADE SECRET

“Trade Secret” means all information possessed by or developed for the Releasor to which all of the following apply: (i) the information derives independent economic value from not being generally known and (ii) the Releasor takes reasonable precautions to prevent such information from being disclosed and released to the public.

In addition, throughout the duration of this Agreement and the Recipient’s business relationship with the Releasor and any time after the termination of such relationship, the Recipient shall do what is reasonably necessary to prevent unauthorized disclosure of the Releasor’s Trade Secrets. Furthermore, after the termination of any such relationship, the Recipient shall not use or disclose the Releasor’s Trade Secrets as long as they remain Trade Secrets.

2. CONFIDENTIAL INFORMATION.

“Confidential Information” means information, to the extent, it is not a Trade Secret although possessed by the Releasor and shared to the Recipient, including, but not limited to, business plans, strategies, existing or proposed, costs, technical developments, financial or business projections, investments, marketing plans, training information, materials, and any other information that holds proprietary value to the Releasor.

3. NON-DISCLOSURE.

Except as required to further the relationship between the Releasor and the Recipient or as expressly authorized in writing on behalf of the Releasor, the Recipient shall not disclose, directly or indirectly, any Confidential Information during the period of their relationship with the Releasor or any time after the termination of such relationship.

4. EXCEPTIONS.

The provisions of this Agreement will not be deemed to prohibit any disclosure that is required by law or court order, however, the Recipient agrees to provide the Releasor with reasonable prior notice and an opportunity to contest or minimize such disclosure.

In addition, the Recipient may disclose Confidential Information or Trade Secrets at any time conditional upon a written release from this Agreement by the Releasor.

5. RETURN OF INFORMATION.

Immediately upon termination of the relationship between the Releasor and the Recipient, the Recipient shall return to the Releasor any documents related to the Confidential Information or Trade Secrets which are in the Recipient’s possession.

6. ACKNOWLEDGMENTS.

The Recipient acknowledges that: (i) this Agreement has been specifically bargained between the parties and reviewed by the Recipient; (ii) the Recipient has had an opportunity to obtain legal counsel to review this Agreement; (iii) the covenants made by and duties imposed upon the Recipient hereby are fair,

reasonable and minimally necessary to protect the legitimate business interests of the

Releasor; (iv) such covenants and duties will not place an undue burden upon the Recipient’s livelihood in the event of termination of the Recipient’s business relationship with the Releasor and the strict enforcement of the covenants contained herein; and (v) any breach of this Agreement will cause substantial and irreparable harm to the Releasor for which money damages would be an inadequate remedy.

7. GOVERNING LAW.

This Agreement shall be governed by the laws located in the State of __   ___.

Releasor’s Signature ____________ Date ___________

Print Name ________________

Recipient’s Signature ________________________________ Date

______________ Print Name ________________________________

Thank you — Comments Off on Sample Letter of Thanks for Awarding Business & Project to Customer
12
Nov 15

Sample Letter of Thanks for Awarding Business & Project to Customer

Sample letter For Awarding Business & Project

Company Name or Letterhead
Address
City, State, Zip

Date
Addressee Address
City, State, Zip

Subject: “Thanks for Awarding of the Development Contract of Multimedia CD”

Sir,

With respect to your letter, subject to awarding of the contract, we are very much thankful to you and the selection team for this selection. We are very much pleased to become a partner of your organization in his goals.

We will deploy the proper recourses on this project for timely completion of the project. We will update you periodically about the status of the development. We are looking forward the fully cooperation from the technical department of the company.



Thanks again and

Looking forward to your cooperation in future.

For & on Behalf of
Company Name

Computer Repair Tips — Comments Off on How to Fix Webcam Problem
14
Apr 12

How to Fix Webcam Problem

How to Fix Webcam Problem
Summary: This article details steps in fixing a webcam that doesn’t work.
If you like chatting through YM, Skype, and other messengers that use webcam, then you might be annoyed at a non-working webcam. Some common issues are blur or blank images, non-responsive camera, and errors in using the webcam as a source of video. You can troubleshoot this problem by yourself though. It’s not an entirely difficult process. In fact, if you have read the manual, you might be well familiar with the camera’s mechanisms and it would be easier to identify the cause of the problem.
Here are some steps for fixing webcam problems.
If you’re using a desktop computer with a USB web camera, the first step is to check if the webcam is actively connected to your PC. The USB cable should be plugged correctly. It would be better to connect the camera to the computer directly.

Next, shut down the computer and unplug the camera. Restart your PC and plug the webcam again. Afterwards, your computer system will try to reinstall the driver. Check if the camera works after this. If it doesn’t work, go to the Control Panel>Hardware and Sound>Device Manager. Check if the webcam is recognized as a camera or not. Also, check if the drivers are installed properly. If you see a yellow exclamation point, there might be a problem with the camera drivers. You should update the driver so that the device will be compatible with your PC. Certain devices don’t work well if the drivers are outdated due to incompatibility issues. Go to the manufacturer’s website and download the available updates. You can also use a camera driver manager tool which helps in scanning the computer for hardware installations and enables you to install the right driver conveniently.
If it still doesn’t fix the problem, the next step is uninstalling the webcam software. Go to Control Panel>Add/Remove Programs and remove the corresponding software. Restart your computer. Then, reinstall the camera software. You may have to unplug the webcam first before reinstalling the software.

Don’t forget to select your desired webcam device as a video source, if you are using several devices connected to your PC. Most programs that use webcam have options for choosing the video source. Adjust these settings first so that you can use the webcam that you desire to use.
For blurry images or low quality pictures and video, check if your webcam has a focus ring. Try focusing the subjects in the right position and try adjusting the focus ring on the lens of the camera so that the image produced will be clearer.

Den Worwani

Computer Repair Tips — Comments Off on How to Repair a Computer Monitor That Fails to Turn On
14
Apr 12

How to Repair a Computer Monitor That Fails to Turn On

If you turn on your computer but it shows an empty screen with no power or display, there’s definitely something wrong going on. You don’t have to fret though. This problem can be solved easily depending on what has caused it. There are several reasons why a PC monitor suddenly refuses to turn on.
The first thing to do in this situation is to check the cables. Most problems with computer screens are related to loose cables. Check if the VGA cables are connected securely to your PC monitor. If there are loose screws, the cables may not be held in place correctly which leads to monitor problems. Tightening up the screws may help in solving the problem. Additionally, check if the UPS has short circuited. Plug the monitor to a wall socket and determine if you need to replace the surge protector.
Sometimes, the problem might be the monitor itself. If you have a spare monitor or other computers at home, you can try using a functioning monitor to replace your monitor and see if it works. On the other hand, if it doesn’t work, you may have to replace the monitor since the problem could be the computer screen. If it does work, the problem may be related to the video card. Monitor failure can be caused by a loose video card. You can check if the video card is seated properly by opening up the case. Make sure that your computer is turned off and unplugged from the power source. Try pulling out the video card and inserting it back securely. Check if this solves your problem. If the loose card has caused the problem, your monitor should be able to power on and function normally again. If the video card doesn’t work properly anymore, you may have to replace it. Ask help from an expert friend.
Whatever happens, never open the monitor and tinker with it to avoid risks. It can be quite dangerous since it is made up of intricate parts that even some expert technicians do not want to disassemble. If worse comes to worst, you should just opt to change your monitor instead of trying to fix it inside. If your PC is still under warranty, you can also send it back to the manufacturer so that computer technicians can check and fix it. However, it can be a very long and tedious process. Another alternative is to hire a professional computer specialist to check your computer and repair the problem.

Den Worwani

Computer Repair Tips — Comments Off on Top Four Ways to Fix Computer Failure
14
Apr 12

Top Four Ways to Fix Computer Failure

Computer repair
It’s quite useful to learn how to troubleshoot basic computer problems by yourself. If your PC fails to response or turn on, you can do some ways to let it power up. It’s not entirely difficult but you have to be careful in performing the repair. Here are some ways to fix your computer problem.

1) First, check if the power source provides enough power to your PC. You can test it by pulling out the power cord of the computeUr and plugging in another device or gadget like a lamp. If the device functions properly, it means that the power source is working fine. The next thing to do is to make sure that the power cord is plugged to the computer and power outlet securely. Check if the power cord functions properly by testing a substitute power cord from another PC, if you have other computers at home. If your computer still does not turn on, then the problem is not related to a faulty power cord.
2) If your PC fails to respond during the start up process but it boots up, try restarting it and press the F8 key until the Windows Advanced Options menu appears. Click Last Knows Good Configuration. This should restart the system and fix the problem. However, if it does not work, the problem could be related to a defective hard drive or corrupted registry. In this case, you may need professional help so you’ll have to take your PC to a computer specialist.
3) Check if there is a CD/DVD or floppy disk left inside the computer. Be sure to remove these items; then, restart your PC. If you have connected a new hardware recently, try removing this and restart your computer. There might be incompatibility issues between the external devices and your PC. The device might be faulty that’s why it causes problems to your computer. See if this process solves the problem.
4) Check if the monitor is faulty. There are cases when the computer boots up but the screen shows no display at all. The cables to the monitor should be attached firmly to the back of your PC. Test the monitor by using a substitute monitor. If it works, then you may have to replace your monitor. Refrain from opening it since it can be dangerous. However, if it still does not work, you may have to troubleshoot the motherboard or graphics card.

If you think that you can’t perform any of these troubleshooting techniques, it would be better to seek help from a professional computer technician to ensure that your PC is fixed correctly.

Den Worwani

← Older Entries
Newer Entries →