SERVICE CONTRACT
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BETWEEN
THE EUROPEAN TRAINING FOUNDATION ("the ETF"),
whose registered address is Villa Gualino, viale Settimio Severo 65, 10133 Torino, Italy,
which for the purpose of the signature of this contract is represented by authorising_officer
AND
CONTRACTOR_NAME (“the Contractor”),
whose registered address is contractor_street_address, contractor_postcode - contractor_city,
contractor_country,
which for the purpose of the signature of this contract is represented by
contractor_legal_representative
HAVE AGREED AS FOLLOWS:
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Article 1. - Nature of the services
1. The Contractor shall provide professional and operational support services in accordance with Annex A
(Specifications) and Annex B (Contractor's proposal).
Article 2. - Duration of the contract
1. This Service Contract (“the Contract”) shall enter into force upon signature of the Contract by both
parties, and shall expire when the ETF has made the final payment under the schedule in Article 6.
2. The tasks assigned to the Contractor shall start on the date of contract signature and shall be
completed no later than contractenddate.
Article 3. - Obligations on the Contractor
1. The Contractor shall provide the necessary personnel for the proper performance of the Contract, and
shall ensure that any member of his personnel working in the context of the Contract fulfils all legal
obligations with respect to social security contributions, insurance and fiscal regulations. In particular
the Contractor shall make available those members of his personnel listed in Annex C (Curriculum(a)
Vitae) to carry out the services and specific tasks assigned to them.
2. The Contractor shall provide the administrative and logistical support necessary to carry out the
services to the highest professional standards.
Article 4. - Remuneration
1. In consideration for the execution by the Contractor of the services specified in Article 1, the ETF shall
pay the Contractor in accordance with Articles 5 and 6 at the rates set out in Annex D (Financial
Breakdown).
2. The total amount payable under the Contract shall not exceed contractvalue EURO.
Article 5. - Conditions of Payment
1. Payments shall be made only upon the submission, to the address stated in Article 7, of signed
invoices or requests for payment presented as in Format 1 of Annex E (Model formats for invoices or
requests for payment).
2. Where the payment to be made is the final payment under the Contract, the invoice or request for
payment must be presented as in Format 2 of Annex E, and must be accompanied by all original
supporting documents or certified copies thereof (i.e. copies bearing the stamp of the Contractor).
3. For the purposes of the Contract the following is a non-exhaustive list of items which are considered to
be supporting documents:
 for remuneration:
 for daily allowances:
 for travel costs:
invoice;
declaration of receipt signed by Contractor;
travel ticket (with invoice from travel agent if no price stated
thereon) and boarding card.
4. Payments shall be made within 30 days of receipt of the invoice or request for payment, and shall be
deemed to have been made on the date on which the ETF’s account is debited.
5. Any payment may be deferred by the ETF if the services or financial breakdown covered by an invoice
or request for payment are contested, or if the supporting documentation is incomplete. In the event of
such a deferral, the payment period shall start on the day the contested issues have been settled
between the parties.
6. Payments shall be made in EURO, into the following bank account:
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Beneficiary:
Bank:
Bank address:
Bank Account:
Benificiary
Bank_Name
Bank_Addr
Acc_no
Article 6. - Payment schedule
1. The ETF shall make payments only after the signature of the Contract and in accordance with the
following provisions:
Number of payments: paymentnumber
An advance of 40% of the total amount stated in Annex D, shall be payable within 30 days of the
signature of the contract by both parties.
A first interim payment of 40% of the total amount shall be made within 30 days from submission and
approval of *************************.
A final payment shall be made within 30 days of the submission and approval of a statement of
expenditure, prepared according to the structure of Annex D.
2. All invoices or requests for payment must be submitted within one month of the expiry of the contract.
3. The total value of the payments shall not exceed the amount stated in Article 4.
Article 7. - Addresses for correspondence
All correspondence between the ETF and the Contractor shall be sent, by registered mail, to the following
addresses:
1. For the ETF:
Reports and general correspondence:
Invoices or requests for payment:
manag_officer
European Training Foundation
Villa Gualino
Viale Settimio Severo, 65
10133 Torino
Tel. +39 011 6302222
Fax +39 011 6302200
e-mail: ***@etf.eu.int
Martine Smit
European Training Foundation
Villa Gualino
Viale Settimio Severo, 65
10133 Torino
Tel. +39 011 6302222
Fax +39 011 6302200
e-mail: msm@etf.eu.int
2. For the Contractor:
contractor_contact
contractor_name
contractor_street_address,
contractor_postcode - contractor_city
contractor_country
Tel: contractor_tel
Fax: contractor_fax
e-mail: contractor_email
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Article 8. - Audits
1. The Contractor shall take the necessary measures to enable audits to be carried out by the ETF, the
Commission of the European Communities and/or the European Court of Auditors in accordance with
the financial regulation of the ETF.
2. These audits may be carried out in situ and shall comprise an examination of the accounts and
supporting documents relating to the Contract. To this end the documents in question shall be kept for
a period of five years from the expiry of the Contract.
Article 9. - Taxes
Pursuant to the provisions of Articles 3 and 4 of the Protocol on the Privileges and Immunities of the
European Communities, the ETF is exempt from all taxes and duties, including Value Added Tax, on
payments under the Contract.
Article 10. - Confidentiality and copyright
1. The Contractor shall maintain professional secrecy in accordance with Annex G (General Terms and
Conditions applicable to contracts awarded by the ETF).
2. Copyright to the contents of all texts and other information documents produced by the Contractor
during the course of the Contract shall belong to the ETF. A licence to use the copyright may be
granted to the Contractor upon duly justified request.
3. Except with the prior written approval of the ETF, the Contractor shall not issue any statement to third
parties, in particular to the press and other communication media, concerning the services rendered
under the Contract, nor shall he issue or publish texts or otherwise divulge information obtained in this
context.
4. These provisions shall also apply to any sub-contractors for whom the Contractor might assume
liability.
Article 11. - Liability of the ETF
The ETF shall in no case and under no circumstances be held liable for claims arising out of the
Contract and relating to damage caused to the Contractor, his employees or a third party, nor to
property thereof. No request for indemnity or re-instatement relating to such claims may be addressed
to the ETF.
Article 12. - Termination
1. Either of the contracting parties may, of its own volition, terminate the contract before the end date
stated in Article 2 by serving two months written notice on the other party. Where the duration of the
Contract does not exceed six months, this notice period may be reduced to two weeks.
2. Should the Contract be terminated by the ETF, the Contractor shall be entitled to payment
corresponding to part performance of the Contract.
3. In the event of serious disrespect of the terms of the Contract by the Contractor, inter alia where the
services are not provided in accordance with the terms of the Contract, or where the services are not
completed within the time limits laid down therein, the ETF may terminate the Contract at any time and
without notice.
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Article 13. - Law of the contract
For all matters not covered by contractual provisions, the Contract shall be governed by Italian law.
Article 14. - Settlement of disputes
All disputes arising out of the performance of the Contract which cannot be amicably settled by the
parties shall be referred to the exclusive jurisdiction of the court of Turin.
Article 15. - Final provisions
1. The Contract is composed of this contract document and the following annexes:







Annex A:
Annex B:
Annex C:
Annex D:
Annex E:
Annex F:
Annex G:
Specifications
Contractor’s proposal
Curriculum(a) vitae
Financial breakdown
Model formats for invoices or requests for payment
VAT Exemption Certificate
General Terms and Conditions applicable to contracts awarded by the ETF
2. Any amendment to any part of the Contract must be agreed in writing and signed for each of the
parties by a duly authorised representative.
3. Annex G applies in so far as it is not amended or superseded by this contract document or its annexes.
Done in Turin in three copies of .………. pages on ............... 2005 and initialled on each page by both
parties.
For the Contractor
contractor_legal_representative
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For the ETF
authorising_officer
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ANNEX A
SPECIFICATIONS
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ANNEX B
CONTRACTOR’S PROPOSAL
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ANNEX C
CURRICULUM(A) VITAE
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ANNEX D
FINANCIAL BREAKDOWN
Fees
EURO
EURO
EURO
Direct costs
Per Diem
EURO
EURO
EURO
Reimbursable costs
EURO
EURO
EURO
EURO
Total:
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EURO
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ANNEX E
MODEL FORMATS FOR INVOICES OR REQUESTS FOR PAYMENT
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Contractor’s logo1
INVOICE/ REQUEST FOR PAYMENT2
N°:
VAT N°:
For the attention of:
Martine Smit
European Training Foundation
Villa Gualino
viale Settimio Severo 65
I-10133 Torino
In accordance with Article 6 of Contract N°., we hereby request an advance payment of
EURO (being
% of the total value of the contract).
The payment should be made into the following bank account3:
Beneficiary:
Bank:
Bank address:
Bank Account:
Signed:
Benificiary
Bank_Name
Bank_Addr
Acc_no
Date:
1 Please
reproduce this format on the headed stationery of the Contractor
You should submit an invoice only if entitled to do so by law, e.g. if you have a VAT number. Otherwise you should submit a request
for payment.
3 The Foundation should be immediately notified of any change in the bank details.
2
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Contractor’s logo4
FINAL INVOICE/ REQUEST FOR FINAL PAYMENT5
N°:
VAT N°:
For the attention of:
Martine Smit
European Training Foundation
Villa Gualino
viale Settimio Severo 65
I-10133 Torino
In accordance with Article 6 of Contract N°. , we hereby request the payment of the following amounts
in consideration for services provided:
Item
Rate
Amount (in
EURO)
Fees
Sub-total 1
Direct costs
Sub-total 2
Reimbursable costs
Sub-total 3
Less advance(s) received
TOTAL FINAL PAYMENT REQUESTED
4 Please
reproduce this format on the headed stationery of the Contractor
You should submit an invoice only if entitled to do so by law, e.g. if you have a VAT number. Otherwise you should submit a request
for payment.
5
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The payment should be made into the following bank account6:
Beneficiary:
Bank:
Bank address:
Bank Account:
Signed:
6
Benificiary
Bank_Name
Bank_Addr
Acc_no
Date:
The Foundation should be immediately notified of any change in the bank details.
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ANNEX F
VAT EXEMPTION CERTIFICATE
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VAT EXEMPTION CERTIFICATE FOR ITALIAN COMPANIES
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VAT EXEMPTION CERTIFICATE FOR EU MEMBER STATE COMPANIES (EXCEPT ITALY)
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ANNEX G
GENERAL TERMS AND CONDITIONS APPLICABLE TO CONTRACTS AWARDED BY THE
EUROPEAN TRAINING FOUNDATION
Article 1
Performance of the contract
1. The Contractor shall take all necessary steps to ensure
that he and his staff remain dissociated from the
administrative structure of the Foundation during the
performance of the Contract. Under no circumstances
shall the Contractor or his staff become or be
considered to be integrated into the Foundation's
personnel.
2. If the Contractor is a natural person, he shall be
required to provide proof of his status as a self
employed person. To this end he shall supply details of
his social security cover and his situation with regard to
VAT.
Article 2
Secondary obligations on the Contractor
1. The Contractor undertakes to perform the tasks
assigned to him according to the highest professional
standards. In performance of the contract, the
Contractor
is
required,
depending
on
the
circumstances, to use only his own highly qualified,
professional staff.
2. The Contractor shall, at the Foundation's request,
replace immediately and without compensation any
member of his staff considered unsuitable to be present
on the premises of the Foundation.
3. The Contractor shall ensure that he has made all the
necessary insurance arrangements to cover his staff
against any risks that might arise during the
performance of the contract.
4. The Contractor undertakes to provide the Foundation
with any information it may request for the management
of the contract.
5. In the event of termination of the contract for one of the
reasons referred to in Article 7 of these General Terms
and Conditions, the Contractor shall undertake to send
the Foundation all information and documents in his
possession relating to the tasks assigned to him.
Article 4
Permits and licences
1. The Contractor shall be solely responsible for taking the
necessary steps to obtain any permit or licence required
for performance of the contract under the laws and
regulations in force at the place where the tasks
assigned to the Contractor are to be performed.
2. The Foundation may terminate the contract without
notice if the Contractor is unable, through his own fault,
to obtain before the start date of the tasks any permit or
licence required for performance of the contract.
Article 5
Force majeure
The Contractor shall not be entitled to payment if he is
prevented by force majeure from performing the tasks
assigned to him. Part performance only of any such
task shall result in part payment. Unless stated to the
contrary in the contract, the above provisions shall not
affect the Contractor's entitlement to reimbursement of
travel and subsistence expenses and of costs for the
shipment of equipment incurred in part performance of
the contract.
Article 6
Liability of the contracting parties
1. The ETF shall not under any circumstances or for any
reason whatsoever be liable for damage sustained by
the Contractor himself or by his staff in the performance
of the contract. The ETF shall not accept any claim for
compensation or repairs in respect of any such
damage.
2. Except in the case of force majeure, the Contractor
shall be required to indemnify the ETF for any damage
it may sustain in the performance, poor or otherwise, of
the contract. To this end the Contractor shall ensure
that he has taken out adequate insurance to cover
himself in such an event.
Article 7
Termination of the contract
Article 3
Confidentiality
1. The Contractor undertakes not to make use of and not
to divulge to third parties any facts, information,
knowledge, documents or other matters communicated
to him or brought to his attention in the performance of
the contract or any results arising therefrom. He shall
continue to be bound by this undertaking after the
expiry of the contract.
2. If the Contractor uses his own staff in performance of
the contract, he shall obtain from each staff member a
written undertaking that they will respect the
confidentiality of any information brought to their
attention in the performance of the work and that they
will not divulge to third parties or use for their own
benefit or that of any third party any document or
information not available publicly, even after completion
of their assignment. A copy of the undertaking shall be
sent to the Foundation.
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1. The contracting parties may, of their own volition and
without being required to pay compensation, terminate
the contract by serving formal notice. Should the ETF
terminate the contract, the Contractor shall only be
entitled to payment corresponding to part performance
of the contract.
2. In the event of a serious failure by the Contractor to fulfil
his obligations under the contract, the ETF may
terminate the contract at any time by registered letter
without formal notice or payment of any compensation
whatsoever.
This provision shall not affect the
application of Article 6(2) of these General Terms and
Conditions.
Article 8
Assignment and services of third parties
1. The Contractor shall not, without the prior and express
approval of the ETF, assign the rights and obligations
arising out of the contract in whole or in part, nor
subcontract any part of the contract, nor cause it to be
performed in fact by third parties.
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2. Even where the ETF authorises the Contractor to
subcontract all or part of the work to third parties, he
shall none the less remain bound by his obligations to
the ETF under the contract.
3. Save where the ETF expressly authorises an exception,
the Contractor shall be required to include in any
contract signed with third parties, for all or part of the
work, provisions enabling the ETF to enjoy the same
rights and guarantees in relation to third parties as in
relation to the Contractor himself.
Article 9
Ownership
1. Except where industrial or intellectual property rights
already exist, any results or patent obtained by the
Contractor in performance of the contract shall be the
property of the ETF, which may use them as it sees fit.
2. Except where copyright or other right of ownership
already exists, copyright and any other right of
ownership in respect of manuscripts or parts thereof
shall belong exclusively to the ETF.
3. On the date of acceptance of the manuscripts and
subject solely to the exception referred to in
paragraph 2 above, all rights in respect of manuscripts,
including amongst others the right to use, print, publish
and sell all or part thereof in any manner and in any
language whatsoever, shall be acquired for all countries
by the ETF, which may transfer all or part of such rights
to third parties on their own terms.
4. The Contractor shall specify any parts of manuscripts,
including illustrations, maps and graphs, on which
copyright or any other right of ownership already exists
and hereby affirms that he has obtained permission to
use any such parts from the titular holder(s) of such
rights or from his or their legal representatives. Any
cost for which the Contractor may become liable for
such permission shall be paid by him. Save as
otherwise provided for in paragraph 2, the Contractor
hereby affirms that he is entitled to transfer the
copyright or other rights of ownership in respect of the
subject matter of the manuscript.
5. The ETF shall not be required to publish manuscripts or
documents supplied in performance of the contract. If it
is decided not to publish the manuscript or documents
supplied, the Contractor shall not have them published
elsewhere without the written approval of the ETF.
finally due, the additional amount shall be repaid in full
by the Contractor to the ETF within 30 days of receipt of
a request for repayment. If payment is not made within
this period, the sum owed by the Contractor shall start
to bear interest at the rate applied by the European
Central Bank to its EURO operations on the last day of
the period allowed for repayment.
4. Reimbursable travel and subsistence expenses shall be
paid, where appropriate, on production of supporting
documents, including receipts and used tickets.
5. Payments shall be made within 30 days of receipt of the
request for payment and shall be deemed to have been
made on the date on which they are debited to the
ETF's account. The ETF is bound to comply with the
30 day payment period only if requests for payment are
sent to the address indicated in the contract and if its
departments establish that the services rendered
conform to the contract and that the debt has been
confirmed and quantified and is due.
6. A Contractor whose registered office or residence is
situated within the territory of one of the Member States
shall indicate a banking institution on the territory of the
country in which the registered office or residence is
situated for the payment of sums due to him under the
contract.
Article 11
Provisions relating to taxation
1. If the tax laws to which he is subject require the
Contractor to pay VAT on fees received under the
contract, the amount of VAT shall be included in the
total sum paid by the ETF in consideration for services
rendered.
2. The Contractor shall be responsible for complying with
the national tax laws applicable to him in respect of
payments under the contract with the ETF which are not
exempt from income tax in the Member States.
Article 12
Amendments or additions to the contract
The provisions of the contract and the annexes thereto
may be amended or supplemented only by means of a
supplementary written agreement initialled on each
page and signed by each of the parties or their
authorised representatives.
Article 10
Methods of payment
1. Payments shall be made in EURO.
2. Unless otherwise stated in the contract, the ETF may
pay at the request of the Contractor an advance equal
to 30% of the amount due on completion of the
contract. Payment of the advance may be made
conditional upon the furnishing by the Contractor of
proof that he has lodged a deposit equal to the amount
of the advance. The advance shall be deducted from
subsequent payments in such a manner that it is fully
recovered on exhaustion of the funds provided for such
payments.
3. In the event of termination of the contract under
Article 7 of these general terms and conditions, no
payment shall be due except for services actually
rendered up to the date of termination. In such an
event, the amount due shall be calculated after
deducting any payments already made.
If the
payments made prior to termination exceed the sum
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VILLA GUALINO VIALE SETTIMIO SEVERO 65 I-10133 TORINO
T+39 011 630 22 22 F+39 011 630 22 00 E INFO@ETF.EU.INT WWW.ETF.EU.INT
contractor_name
contractor_legal_representative
contractor_street_address,
contractor_postcode - contractor_city
contractor_country
Ref.
Turin,
Dear contractor_legal_representative,
RE: SIGNATURE OF CONTRACT CONTRACTNUMBER - TITLE
We are pleased to inform you that your offer has been accepted for the provision of your services
for the above-mentioned activity.
Please find enclosed three copies of the contract to cover this activity.
After signing all three copies, please retain the copy marked ‘Contractor’s Copy’ for your files and
return the remaining two copies to the following address:
European Training Foundation
manag_officer
Villa Gualino
viale Settimio Severo 65
I-10133 Torino
Tel : 39 011 630 22 22
Fax : 39 011 630 22 00
Thank you for your co-operation.
Yours sincerely,
authorising_officer
Enclosed: 3 copies of contract