Service Contract Template
Service Contract Template
Service Contract Template
BETWEEN
AND
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I. The Parties. This Service Contract (“Agreement”) made at GABORONE, ON THIS
20th APRIL 2021 (“Effective Date”), is by and between:
Service Provider: TUMELO SEAN SEALETSA, an adult male of full legal capacity,
resident at Block 7, Plot 58401, Gaborone, of Identity Number 567118013, as
BUSINESS DEVELOPMENT DIRECTOR.
AND
Client: INBUILT INVESTMENTS (PTY) LTD t/a Scratch Power, a business registered
in terms of the Laws of Botswana, carrying on its business of selling electricity, at Plot
99, Unit 1, Commerce Park , Gaborone.
Service Provider and Client are each referred to herein as a “Party” and, collectively, as
the "Parties."
II. Term. The term of this Agreement shall commence on January 2021 and shall
terminate upon sufficient notice by both parties.
III. The Service. The Service Provider agrees to provide the following:
b) Carrying out duties as Business Development Director; benefits which the parties
herein shall thereafter discuss.
Service Provider shall provide, while providing the Service that he shall comply with the
policies, standards, and regulations of the Client, to the best of their abilities.
IV. Payment Amount. The Client agrees to loan the Service Provider the following as
compensation for the Service performed under this Agreement:
The payment amount shall be repaid by the profits from the petroleum trucking
business.
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X. Confidentiality. Service Provider acknowledges and agrees that all financial and
accounting records, lists of property owned by Client, including amounts paid, therefore,
client and customer lists, and any other data and information related to the Client’s
business is confidential (“Confidential Information”). Therefore, except for disclosures
required to be made to advance the business of the Client and information which is a
matter of public record, Service Provider shall not, during the term of this Agreement or
after its termination, disclose any Confidential Information for the benefit of the Service
Provider or any other person, except with the prior written consent of the Client.
a.) Return of Documents. Service Provider acknowledges and agrees that all
originals and copies of records, reports, documents, lists, plans, memoranda,
notes, and other documentation related to the business of the Client containing
Confidential Information shall be the sole and exclusive property of the Client and
shall be returned to the Client upon termination of this Agreement or upon written
request of the Client.
b.) Injunction. Client agrees that it would be difficult to measure damage to the
Client's business from any breach by the Service Provider under this Section;
therefore, any monetary damages would be an inadequate remedy for such
breach. Accordingly, the Service Provider agrees that if he should breach this
Section, the Client shall be entitled to, in addition to all other remedies it may
have at law or equity, to an injunction or other appropriate orders to restrain any
such breach, without showing or proving actual damages sustained by the Client
c.) Release. Service Provider agrees that the termination of this Agreement shall
release him from the obligations in this Section.
XIII. Successors and Assigns. The provisions of this Agreement shall be binding upon
and inured to the benefit of heirs, personal representatives, successors, and assigns of
the Parties. Any provision hereof which imposes upon the Service Provider or Client an
obligation after termination or expiration of this Agreement shall survive termination or
expiration hereof and be binding upon the Service Provider or Client.
XIV. Default. In the event of default under this Agreement, the defaulted Party shall
reimburse the non-defaulting Party or Parties for all costs and expenses reasonably
incurred by the non-defaulting Party or Parties in connection with the default, including,
without limitation, attorney’s fees. Additionally, in the event a suit or action is filed to
enforce this Agreement or with respect to this Agreement, the prevailing Party or Parties
shall be reimbursed by the other Party for all costs and expenses incurred in connection
with the suit or action, including, without limitation, reasonable attorney’s fees at the trial
level and on appeal.
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XV. No Waiver. No waiver of any provision of this Agreement shall be deemed or shall
constitute a continuing waiver, and no waiver shall be binding unless executed in writing
by the Party making the waiver.
XVI. Governing Law. This Agreement shall be governed by and shall be construed in
accordance with the laws of Republic of Botswana.
XVIII. Entire Agreement. This Agreement constitutes the entire agreement between the
Parties to its subject matter and supersedes all prior contemporaneous agreements,
representations, and understandings of the Parties. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing by all Parties.
IN WITNESS WHEREOF, the Parties hereto agree to the above terms and have caused
this Agreement to be executed in their names by their duly authorized officers.
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