Reply
Wed 5 Jul, 2017 04:47 am
How accurately does this contract look to you if there is anything missing, including risks that I haven't mitigated, clauses that are illegal or anything you feel is inaccurate please let me know?
Programmer
Programmer Agreement(Independent Contractor)
1.
This is an agreement between Viralnetworks (Pty) Ltd trading as Nebumax and (...The programmer name?)
and the independent contractor who will carry out his/her work from his/her own location.
2.
The duration of the contract will be 90 days, would be extended if deadlines could not be achieved.
3.
The programmer will be expected to observe and abide by the agreed deadline. Accurate deadlines are set and if deadlines are inaccurate the length of the contract will be extended.
4.
The programmer will be expected to work for a probationary period of 10 working days.
5.
In the event, the receiver is not happy with the work of the programmer during the probation period the receiver will let know the provider.
6.
In the event of the probation being terminated the programmer will be paid an agreed amount pertaining to the probationary period. This amount will only be paid if the following conditions are met; the programmer meets with the provider at least once a week over a phone call or in person discussing his progress; the programmer didn't lie about his abilities and competencies in his interviews and reviews; he abided to all his duties and daily scrum meetings are held.
7.
In the event of a dispute during the substance of the contract, the programmer will give a status report. Failure to comply will result in non-payment.
8.
The parties comment to the provisions of the Pretoria magistrate court in the matter of a dispute.
9.
After 30 days of working the programmers will be paid 25% of the total agreed upon amount if deadlines are achieved. The second payment of 25% will be payable after 60 days if deadlines are achieved. The final payment is payable after 90 days and it will be 50% of the total amount if deadlines are achieved.
10.
The programmer will be paid after achieving the milestone for that given month. If the milestone is unrealistically set by the work receiver the programmer has to notify in the work provider in a written report two weeks before the deadline sets in. If he sees that he would not be able to meet the agreed upon deadline he should write a report stating exactly why he could not meet the demand in time, subsequently the work provider and receiver will review the report and decide it his points are valid if it is the contract will be extended by the timeframe requested by the programmer. if it is found that the programmer's points aren't valid the programmer will only receive payments when milestones are achieved.
11.
If the contract is canceled by the programmer before it reaches it a cancellation penalty will be instated in the form that the programmer will not be paid.
12.
If his contract is extended and he agrees with all the new agreed upon agreements his contract will be extended by the agreed number of days. His compensation for work will be increased by taking the total amount payable to him divided by 90 times the number of days that the contract is extended this will be due to him when his contract ends
13.
Expected skills
POC
Required competencies
Duties
Job description
Explanation
14.
The deadlines are set with the help of an agile methodology called Scrum, a methodology used in the practice of software development.
The work provider decides on features that the programmer ought to create within a given week defined as a "sprint" in the methodology, the programmer signs the document and decides if he is satisfied that he would be able to complete the tasks within the given timeframe.
If he is late with his sprints and sees that he is not achieving them on time he has 2 weeks before the end of the fourth sprint to report that he won't be able to complete these sprints on time, if he won't be able to complete it on time due to goals unrealistically set the contract would be extended else if it is he doesn't reach these goals on time due to not performing with agreed skills and competencies he would have to complete the fourth sprint before receiving any payments.
15.
The programmer signed for the deadline thus he agrees that it is realistically set, if the deadlines is not reached due to facts coming to the programmers attention that he misjudged the speed that a task would take or other factors that weren't considered in discussion of the deadline this would constitute in the extension of the contract.
If the programmer is not reaching his deadlines due to underperforming he would only receive payments once deadlines are achieved. The programmer has two weeks to achieve his deadline after his deadline has surpassed, a meeting would be held after the first week to track his progress if after the second week he is not complete the contract would be canceled without paying due payments to the programmer.
Factors that weren't considered may include technical aspects of programming not provided for in the setting of the deadline, this may include...(speak to someone about this aspect)
Misjudgment of task speed can be defined as follows the programmer fully believed that he can perform a task a certain speed but even when performing at his full capacity can't achieve the given speed.
Underperformance not performing clearly set tasks fast enough
16.
In case the programmer absconds(defined as if the programmer doesn't reply in a week), dies, is unable to perform work, not performing all of his duties and has received 2 warnings, his contract will be canceled.
Well, I wouldn't sign that. For one thing, Agile is crap. For another, it's too heavily weighted on one side (yours). Also, I think 'comment' should be 'consent' in section 8. You should run this past a lawyer if you are serious.