INTGRTY ARTICLES WRITTEN BY OUR LEARNERS
This year we piloted the Advanced Certificate on Occupational Learning: Learning and Development Advisor, on NQF Level 7. Learners had to submit more than 50 practical assignments to be declared ready for the EISA. This gave me the idea to share their products with other learning providers and learners in occupational and vocational learning. So, I asked the learners who achieved a distinction for assignments for permission to publish their submissions as articles on our Intgrty website.
We have the written permission of the learners to publish their work. However, it had to be done anonymously.
Analysing a sample Service Level Agreement (SLA)
Learners had to analyse the Service Level Agreement below.
SERVICE LEVEL AGREEMENT BETWEEN CROP CULTIVATION COOPERATIVE AND HAPPY CORN PRIVATE COLLEGE (PTY) LTD
INTRODUCTION
1.1 The CROP CULTIVATION COOPERATIVE allocated funding to Happy Corn Private College (Pty) ltd to develop the learning Material for the Occupational Certificate: Crop Spraying.
1.2 Happy Corn Private College (Pty) Ltd received from CROP CULTIVATION COOPERATIVE and accepted a letter of Award to develop learning materials against the QCTO registered Occupational Certificate: Crop Spraying.
1.3 CROP CULTIVATION COOPERATIVE and Happy Corn Private College (Pty) Ltd record the terms and conditions of their agreement as set out herein.
2 DEFINITIONS AND INTERPRETATION
2.1 In this Agreement, unless otherwise specified or the context clearly indicates the contrary, the following words and expressions shall have the meanings assigned to them below and related words and expressions shall have corresponding meanings;
2.2 “Agreement” means this Agreement with all its schedules and annexures, each of which is an Integral part of this Agreement and shall be interpreted and construed accordingly;
2.3 “Parties” means the CROP CULTIVATION COOPERATIVE and the Service Provider;
2.4 “Service Provider” means the Happy Corn Private College (Pty) Ltd;
2.5 If any provision in the definition clause is a substantive provision conferring rights or imposing obligations on a Party, then notwithstanding that such provision is contained in this clause, effect must be given thereto as if such provision were a substantive provision in the body of the Agreement.
2.6 Clause and paragraph headings are for purposes of reference only and shall not be used in interpretation.
2.7 Unless the context dearly indicates a contrary intention, any word connoting:
2.7.1 any gender denotes the other genders;
2.7.2 the singular Includes the plural and vice versa; and
2.7.3 natural persons includes legal entities and vice versa.
2.8 A business day is any day excluding Saturday, Sunday and a public holiday in the Republic of South Africa.
2.11 When any number of days is prescribed such number shall exclude the first day and include the last day unless such day falls on a Saturday, Sunday or a public holiday in the Republic of South Africa, in which case the last day shall be the next succeeding business day.
2.12 The Annexures and Schedules to this Agreement form an integral part hereof and the words and expressions defined in this Agreement shall bear, unless the context otherwise requires, the same meaning in the Annexures and Schedules.
2.13 In the event of a conflict between this Agreement and the terms of any schedules or annexures which may be attached to this Agreement (exclusive of addenda drafted, signed and agreed to by both Parties with the specific aim to change and supersede a provision I the provisions of this Agreement), the terms of this Agreement will take precedence.
2.14 The rules of interpretation that a written agreement shall be interpreted against the Party responsible for the drafting or preparation of that agreement shall not apply.
2.15 The expiration or termination of this Agreement shall not affect such of the provisions of this Agreement as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
3 PARTIES
The parties to this Agreement are:
3.1 CROP CULTIVATION COOPERATIVE, an Article 21 organisation with the purpose of assisting people in rural areas to learn how to farm, and duly represented herein by Ms Priscilla Duwe in her capacity as Chief Executive Officer; and
3.2 Happy Corn Private College (Pty) Ltd, which is a privately registered company and duly represented herein by Dr Abel Patrick Baloi in his capacity as the Managing Director.
4 DURATION OF THE AGREEMENT
4.1 Notwithstanding the signature date, this Agreement commences on 24 February 2023 (“commencement date”) and terminates on 30 September 2023 (“termination date”) unless terminated in terms of clause 14 below.
4.2 The Parties agree that time is of the essence in the execution of Agreement and the Parties will take all necessary steps to ensure that they meet their respective obligations.
4.3 The Parties may agree, in writing. to extend this Agreement for such further period and on such terms and conditions to be agreed to by the Parties at the time. The Service Provider must provide the CROP CULTIVATION COOPERATIVE with written reasons for requesting an extension of time to perform its obligations in terms of this Agreement.
4.4 In the event that the CROP CULTIVATION COOPERATIVE, on consideration of the reasons provided by the Service Provider, agrees to extend the duration of the Agreement, the Service Provider will, in addition to its obligations in terms of this Agreement, be liable to pay any additional costs that it incurs during the extended period to perform it obligations in terms of the Agreement.
5. SERVICES
5.1 The Service Provider will develop learning materials aligned to the QCTO registered occupational qualification listed below:
TITLE OF QUALIFICATION SAQA ID No
Occupational Certificate: Crop Spraying 67890
5.2 The Service Provider will develop the occupational qualification for the amount of R500,000.00 (Incl.VAT).
5.3 The Service Provider will perform the Services as more fully set out in Schedule 1.
6 OBLIGATIONS OF THE SERVICE PROVIDER
6.1 The Service Provider will:
6.1.1 provide the Services and perform its functions and obligations as contemplated in this Agreement;
6.1.2 timeously perform all Services, functions and obligations in terms of this Agreement;
6.1.3 prepare and furnish the CROP CULTIVATION COOPERATIVE with all documents, reports and information, from time to time, as required or as may be set out in this Agreement;
6.1.4 at all times observe and comply with the reasonable direction or instruction from the CROP CULTIVATION COOPERATIVE.
6.2 The Service Provider will submit a detailed Implementation Plan to the CROP CULTIVATION COOPERATIVE which includes a detailed learning materials development plan with specific learning material guides, payment dates and submission date to CROP CULTIVATION COOPERATIVE of the final learning materials. The Service Provider may update and amend the Implementation Plan having regard to the circumstances at the time, provided that:
6.2.1 the Service Provider informs the CROP CULTIVATION COOPERATIVE in writing of any change that it intends to make to the Implementation Plan and may only implement any change upon receipt of written authorisation from the CROP CULTIVATION COOPERATIVE;
6.2.2 any change or amendment to the Implementation Plan will not in any way alter the occupational qualification as stipulated in clause 5.1 above, which the Service Provider has been contracted to develop in terms of this Agreement; and
6.2.3 any change or amendment to the Implementation Plan will not compromise the quality of the Services rendered by the Service Provider in terms of this Agreement.
6.3 The Service Provider undertakes to:
6.3.1faithfully carry out its duties in terms of this Agreement in accordance with the best professional practices;
6.3.2 perform all duties, functions and acts as required by the Agreement in accordance with the highest standards of professionalism, competence and integrity;
6.3.3 at all times comply with all industry-related best practices, codes and standards as issued or published by a recognised governing body, council or similar organisation;
6.3.4 respect all laws and regulations, and in particular the laws governing the provision of the services rendered in terms of this Agreement;
6.3.5 maintain and comply with all necessary licences, certificates, registrations, authorisations and consents required under the laws of the Republic of South Africa for the rendering of the Services;
6.3.6 provide the CROP CULTIVATION COOPERATIVE with any information, documents and/or reports it requests in connection with this Agreement; and
6.3.7 keep suitable and accurate records and ensure safe keeping of all such records relating to the Agreement.
6.4 The Service Provider warrants that it has the necessary financial, physical and the human resources, capacity and the experience and expertise required to provide the Services to the CROP CULTIVATION COOPERATIVE in terms of this Agreement
7. OBLIGATIONS OF THE CROP CULTIVATION COOPERATIVE
7.1 The CROP CULTIVATION COOPERATIVE will:
7.1.1 pay all amounts due and payable to the Service Provider as provided for in this agreement;
7.1.2 timeously provide all documents and information required in terms of this Agreement to the Service Provider, including templates for reporting; and
7.1.3 faithfully carry out its duties in terms of this Agreement in accordance with best professional practices.
8 PAYMENT FOR SERVICES
8.1 The CROP CULTIVATION COOPERATIVE shall pay to the Service Provider the amount of Five hundred thousand Rand only (R500 000.00) VAT Inclusive, provided that the Service Provider has successfully performed Its obligations in terms of this Agreement and achieved the deliverables, as more fully set out in Schedule 1and Schedule 2 to this Agreement.
8.2 The Service Provider shall invoice the CROP CULTIVATION COOPERATIVE when payment falls due in terms of the Agreement and shall, together with a valid tax invoice detailing the specific services provided, furnish any other supporting documents for the services for which payment is requested.
8.3 The CROP CULTIVATION COOPERATIVE will pay the Service Provider within 30 (thirty) days upon acceptance by the CROP CULTIVATION COOPERATIVE of the deliverables and the reports, documents and information contemplated in this Agreement.
8.4 The CROP CULTIVATION COOPERATIVE shall make payment to the Service Provider in terms of this Agreement into the following account:
Name of account holder HAPPY CORN PRIVATE COLLEGE (Pty) Ltd
Bank STANDARD BANK
Branch name BENONI
Branch code 654321
Account type BUSINESS CHEQUE
Account number 111 222 333 444
8.5 The CROP CULTIVATION COOPERATIVE may deduct from the fees payable, all deductions which the CROP CULTIVATION COOPERATIVE is lawfully obliged to make before payment is made to the Service Provider. All payments are made by the CROP CULTIVATION COOPERATIVE on the basis that fees charged by the Service Provider include all of the Service Provider’s costs and profits, as well as any tax or income obligation that may be imposed on the Service Provider.
8.6 Payment by the CROP CULTIVATION COOPERATIVE to the Service Provider shall be without prejudice to any claims or rights that the CROP CULTIVATION COOPERATIVE may have and shall not constitute any admission by the CROP CULTIVATION COOPERATIVE as to the performance of the obligations by the Service Provider in terms of this Agreement.
8.7 Failure by the Service Provider to comply with the provisions of this clause (8.6) will entitle the CROP CULTIVATION COOPERATIVE to –
8.8.1 withhold any payment due to the Service Provider, until such time that the Service Provider has complied; and/or
8.8.2 cancel this Agreement.
9 REPORTING AND PERFORMANCE REVIEW
9.1 The Service Provider shall provide such reports, information and documents in the format required, reasonably required and necessary for the CROP CULTIVATION COOPERATIVE to assess the Service Provider’s performance and ensure compliance with the terms and conditions of the Agreement.
9.2 The CROP CULTIVATION COOPERATIVE shall monitor and review the services, activities and functions of the Service Provider to ensure compliance with the terms and conditions of the Agreement.
9.3 The Service Provider must co-operate with any monitoring and review process and provide the CROP CULTIVATION COOPERATIVE with all accounts, records and documents and information reasonably required to enable the CROP CULTIVATION COOPERATIVE to monitor and review the Service Provider’s compliance with this Agreement.
9.4 The CROP CULTIVATION COOPERATIVE is entitled at any stage, to contact beneficiaries of the Services performed by the Service Provider In terms of this Agreement regarding the services provided and to receive independent feedback about the services provided by the Service Provider.
9.5 The CROP CULTIVATION COOPERATIVE will provide the Service Provider with a report on any issues of concern that it Identifies during a monitoring and review process.
The Service Provider must, within thirty (30) days of receiving the report, address, correct and resolve the issues identified by the CROP CULTIVATION COOPERATIVE and inform the CROP CULTIVATION COOPERATIVE in writing of the action taken by the Service Provider in this regard. Should the Service Provider fail to address, correct and resolve the issues identified and report to the CROP CULTIVATION COOPERATIVE, the dispute resolution procedures in clause 15 of this Agreement shall apply.
9.6 In the event that the Service Provider is no longer able to perform its obligations in terms of this Agreement, for any reason howsoever arising:
9.6.1 the CROP CULTIVATION COOPERATIVE will, at its discretion, conduct a review and assessment of the services already rendered by the Service Provider until the point that the Service Provider is unable to perform its obligations In terms of this Agreement, to enable the CROP CULTIVATION COOPERATIVE to appoint another service provider take over and perform the obligations In terms of this Agreement; and
9.6.2. the cost for the review and assessment contemplated in clause 9.6.1will be for the Service Provider’s account.
10 CONFIDENTIALITY
10.1 For the purposes of this Agreement, “confidential information” includes any information or knowledge acquired by a Party during or incidental to providing the services in terms of this Agreement, whether such information originates from that Party or from other persons.
10.2 Each Party shall hold the other’s confidential information in confidence and, unless required by law, not make the other’s confidential information available to any third party or use the other’s Confidential Information for any purpose other than the implementation of this Agreement.
10.3 Each Party shall take all reasonable steps to ensure that the other Party’s confidential information to which it has access is not disclosed or distributed by the other Party, its employees or agents in violation of the terms of this Agreement.
10.4 A Party’s confidential information shall not be deemed to include information that:
10.4.1 is or becomes publicly known other than through any act or omission of the receiving Party;
10.4.2 was in the other Party’s lawful possession before the disclosure;
10.4.3 is lawfully disclosed to the receiving Party by a third party without restriction on disclosure;
10.4.4 is independently developed by the receiving Party, which independent development can be shown by written evidence; or
10.4.5 is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
10.5 If there is any doubt whether any disclosure or use is for an authorised purpose, the Service Provider must obtain a ruling in writing from the CROP CULTIVATION COOPERATIVE and must abide by it.
10.6 The obligation not to disclose or use confidential information contemplated herein will survive the termination of this Agreement.
11. COPYRIGHT, BRANDING, MARKETING, ADVERTISING AND PUBLICATIONS
The Service Provider:
11.1 warrants that the materials that are created in terms of this Agreement and the services that are provided in terms of this Agreement will not constitute an infringement of any copyright;
11.2 must procure from all contractors used by it in terms of this Agreement, an assignment to the CROP CULTIVATION COOPERATIVE of copyright and other rights in materials created by those contractors;
11.3 may not use the name, logo or letterhead or any other material of the CROP CULTIVATION COOPERATIVE for any purpose without the prior written consent of the CROP CULTIVATION COOPERATIVE;
11.4 may not use the CROP CULTIVATION COOPERATIVE’s name, logo or any letterhead or other material on its website, in any publications, or in connection with its advertising, or in connection with any book or other publication, product or service (including the internet or other online computer communication services relating to the Service Provider);
11.5 may not use the phrase “as endorsed by the CROP CULTIVATION COOPERATIVE”, or similar phrase in any promotional or advertising material, inclusive of its publication on the Service Provider’s website.
12 PROPERTY OF CROP CULTIVATION COOPERATIVE
12.1 Upon the termination of this Agreement for any reason, the Service Provider must immediately return to the CROP CULTIVATION COOPERATIVE all property whatsoever which belongs to the CROP CULTIVATION COOPERATIVE.
12.2 In addition, the Service Provider must return to the CROP CULTIVATION COOPERATIVE all other material containing information relating to the affairs of the CROP CULTIVATION COOPERATIVE, regardless of whether or not such material was originally supplied by the CROP CULTIVATION COOPERATIVE, including, but not limited to, records, discs, accounts, letters, notes or memoranda.
13. INDEMNITY
13.1 The Parties, their employees, agents or subcontractors, or any person acting for or on their behalf shall exercise due care and diligence in performing their obligations in terms of this Agreement. A Party that has failed to exercise such due care and diligence shall be liable to the other Party for loss or damages caused to and sustained by the other Party due the willful or negligent actions or omissions of the Party concerned, including their employees, agents or subcontractors, provided that neither Party will be liable to the other Party, a cessionary or a third party claiming through or on behalf of such Party, for any indirect, special or consequential damages arising out of or related to this Agreement.
13.2 The Service Provider indemnifies and holds harmless the CROP CULTIVATION COOPERATIVE, its officers, employees and agents from and against any damages, loss, or liability, including legal costs and expenses incurred or suffered by any person arising from any claim, demand, action or proceeding by any person where such loss or liability was caused by a willful, unlawful or negligent act or omission of the Service Provider, its employees, agents or subcontractors or any person acting for or on behalf of the Service Provider.
13.3 The Parties shall ensure that its employees, agents or subcontractors or any person acting for or on their behalf are aware of and have accepted, the terms of this Agreement to the extent that they apply to them.
13.4 This clause shall survive termination of the Agreement and continue to bind the Parties.
14 TERMINATION AND BREACH
14.1 Notwithstanding the provisions of clause 4 above, either Party may terminate this Agreement, by giving the other Party 30 (thirty) days’ notice in writing of its decision to terminate the Agreement.
14.2 Upon termination the Parties will take appropriate and immediate steps to bring the Agreement to a close, in a prompt, judicious and orderly manner and such termination shall be without prejudice to any claim which a Party may have for damages occasioned by the termination of this Agreement.
14.3 If either has committed a breach, then without prejudice to any rights it may have in law, the other Party will furnish the Party committing such breach with a written notice, served on the offending Party’s chosen domicilium address, setting out the breach committed and calling upon the offending Party to rectify and remedy such breach within 14 (fourteen) calendar days.
14.4 If the Defaulting Party fails to remedy the breach, the other Party may, without prejudice to its right to claim damages:
14.4.1 cancel this Agreement without further notice to the Defaulting Party; or
14.4.2 claim specific performance of all the Service Provider’s obligations, whether or not the obligations have fallen due for performance.
14.5 In the event of a breach of this Agreement, the CROP CULTIVATION COOPERATIVE is entitled to withhold, in whole or in part, any payment of amounts payable to the Service Provider in terms of this Agreement.
14.6 If this Agreement is cancelled, the Service Provider shall immediately cease the execution of any services contemplated in this Agreement. The CROP CULTIVATION COOPERATIVE shall cause a final account to be prepared of payment due to the Service Provider in which shall be taken into consideration the costs and/or loss to the CROP CULTIVATION COOPERATIVE from the cancellation of this Agreement and shall affect payment due accordingly.
15 DISPUTE RESOLUTION
15.1 Any dispute, which arises between the Parties pursuant to the agreement, shall be referred to a representative nominated by each Party. The representatives of each Party shall endeavour to resolve the dispute within ten business days of the giving of notice of a dispute by a Party.
15.2 Should the Parties be unable to resolve the dispute, either Party may refer the dispute for arbitration by written notice to the other Party setting out the particulars of the dispute.
15.3 A dispute referred to arbitration shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator or arbitrators appointed by the Arbitration Foundation of South Africa (“AFSA”).
15.4 The arbitration will be held in English in Johannesburg (or at such a place as the Parties may agree upon in writing) according to the formalities and procedures settled by the arbitrator or arbitrators. It may be held in an informal and summary manner, without the procedure, formalities or rules of evidence, which would be applicable to a civil suit in a court of law.
15.5 The Service Provider agrees to continue providing the Services pending the outcome of arbitration.
15.6 Nothing in this clause will preclude either Party from obtaining interim relief from a court of competent jurisdiction pending the decision of the arbitrator or arbitrators.
15.7 This clause shall survive termination of this Agreement and continue to bind the Parties.
16 INDEPENDENCE, AGENCY AND REPRESENTATION
16.1 The Parties to this Agreement are independent contractors and this Agreement shall not be construed to create a partnership, joint venture or employment relationship between them.
16.2 Unless authorised in writing to do so, neither Party shall hold itself out to be the agent or representative of the other and may not bind each other in any way.
16.3 The Service Provider shall not assume or incur any obligations or responsibility for, or on behalf of, or in the name of, the CROP CULTIVATION COOPERATIVE.
16.4 An y representation to this effect by the Service Provider will constitute a material breach of this Agreement.
17 NO SUB-CONTRACTING
17.1 The Service Provider will not, without the prior written approval of the CROP CULTIVATION COOPERATIVE, appoint any sub-contractor to render the services, or any part thereof, in terms of this Agreement.
17.2 Despite any approval granted by the CROP CULTIVATION COOPERATIVE in terms of this clause, the Service Provider remains solely responsible for the performance of its obligations in terms of this Agreement.
18 REPRESENTATIONS
18.1 This Agreement constitutes the entire agreement between the Parties regarding the subject matter hereof, supersedes all prior representations, agreements, statements and understandings whether oral or in writing and the Parties waive the right to rely on any alleged express provision not contained in this Agreement.
18.2 No agreements, guarantees or representations, whether verbal or in writing, have been concluded, issued, or made upon which either Party is relying In concluding this Agreement, unless the representation or guarantee is recorded in this Agreement.
18.3 The Service Provider confirms that it has not been induced to enter into this Agreement by any prior representations, warranties or guarantees, whether oral or in writing, except as expressly contained in this Agreement.
19 VARIATIONS, RELAXATION AND WAIVER
19.1 No agreement varying, adding to, deleting from or cancelling this Agreement, and no waiver of any right under this Agreement, shall be effective unless reduced to writing and signed by or on behalf of the Parties.
19.2 Should a Party fail to enforce any provision of this Agreement, extend time for compliance therewith or relax the manner for compliance of any provision of this Agreement this shall not:
9.2.1 constitute a waiver of such provision;
19.2.2 preclude the Party from exercising its rights strictly in accordance with this Agreement; and
19.2.3 affect, in any manner, such Party’s right to require performance of such provision at any time in the future.
19.3 No waiver of a subsequent breach nullifies the effectiveness of the provision itself.
20 SEVERABILITY
20.1 If any provision is held to be invalid, illegal, void or unenforceable then such provision shall be modified by the proper authority to the extent necessary to make such provision enforceable and such modified provision and all other provisions of the Agreement shall be given effect separately from the provision or portion thereof determined to be invalid, illegal, void or unenforceable.
21 CESSION
21.1 The Service Provider may not cede, assign or delegate any or part of its rights or obligations under this Agreement to any third party without the prior written consent of the CROP CULTIVATION COOPERATIVE.
21.2 The CROP CULTIVATION COOPERATIVE shall be entitled to cede, assign or delegate all or any part of its rights and/or obligations, as the case may be, under this Agreement without the prior written consent of the Service Provider.
22 FORCE MAJEURE
22.1 Despite any other provision of this Agreement to the contrary, no Party need act if it is impossible to do so owing to any cause beyond its reasonable control including, without limitation, war, riot or natural disaster.
22.2 The non-performing Party agrees to notify the other Party promptly after it determines that it is unable to act.
22.3 No Party has any responsibility or liability for any loss or expense suffered or incurred by one Party because of the other Party not acting for as long as the impossibility in terms of this clause continues.
22.4 However, the non-performing Party agrees to make reasonable efforts to avoid or remove the cause of non-performance and agrees to continue performance under this Agreement promptly when the cause Is removed.
23 DOMICILIUM ADDRESS AND NOTICES
23.1 The Parties choose as their respective domicilium citandi et executandi for the purposes of legal proceedings and for the purposes of giving or sending any notice provided for or necessary in terms hereof, the following addresses:
The client:
CROP CULTIVATION COOPERATIVE
Physical Address: 4 Palm Avenue, Lyttleton, Benoni
Postal Address: Box 1234, Centurion, 0032
Telephone: 014 318 776 607
Fax: 014 328 885 514
The service provider:
HAPPY CORN PRIVATE COLLEGE
Physical Address: 308 King Fisher Street, Valhalla, Alberton, 0111
Postal Address: P 0 Box 79555, Alberton, 0222
Telephone: 012 621 345 119
Fax: 012 216 543 911
A Party may change their address for this purpose, by notice in writing to the other Party to that effect. Such change of address will be effective seven days after receipt of notice of the change.
23.3 All notices to be given in terms of this Agreement will:
23.3.1 be given in writing;
23.3.2 be delivered by hand, sent by e-mail, or by telefax;
23.3.3 if delivered by hand, be presumed to have been received on the date of delivery;
23.3.4 If sent by e-mail be presumed to be received on the date the e-mail Is sent, unless the contrary is proved;
23.3.5 if sent by telefax be presumed to have been received on the first business day following the date of sending of the telefax, unless the contrary is proved.
Signed at: …………………………………………
For the client: ……………………………………………….
Date: …………………………………………………………
For the service provider: …………………………………..
Date: …………………………………………………………
Witness no 1: ……………………………………………….
Date: …………………………………………………………
Witness no 2: ……………………………………………….
Date: …………………………………………………………
END OF SERVICE LEVEL AGREEMENT
Analysis by the learner
Analysis of the Service Level Agreement (SLA)
1. Terms of Reference:
• Issue: The SLA does not clearly define the purpose or specific outcomes expected from the agreement beyond developing learning materials. There should be a more detailed explanation of the exact deliverables.
• Omission: The terms of reference should include a clear definition of the objectives, deliverables, and specific outcomes.
2. Scope of Work:
• Issue: The scope of work is vaguely described in Clause 5.1, only mentioning the development of learning materials. The exact content, format, number of modules, or any specific guidelines for the materials are not specified.
• Omission: The SLA should include a detailed description of the services to be provided, including specific tasks, milestones, and deliverables.
3. Duration of the Agreement:
• Issue: The duration is defined (24 February 2023 to 30 September 2023), but the process for renewal or extension is not clearly outlined.
• Omission: A more detailed explanation of the conditions under which the agreement may be extended or renewed should be included.
4. Roles and Responsibilities of the Parties:
• Issue: The roles and responsibilities are broadly outlined, but there is no mention of a project manager or contact person for either party to handle day-to-day communication.
• Omission: The SLA should specify the exact roles of key individuals from both parties to avoid confusion during the execution of the agreement.
5. Financial Implications:
• Issue: The payment terms are mentioned, but there is no clear breakdown of the payment schedule, nor is there a clause addressing what happens if the CROP CULTIVATION COOPERATIVE fails to pay on time.
• Omission: The agreement should include a detailed payment schedule, potential penalties for late payment, and provisions for cost overruns or additional expenses.
6. Reporting Requirements:
• Issue: The reporting requirements are mentioned, but they lack specific details such as the frequency of reports, the format, and the exact content required.
• Omission: The SLA should provide a clear timeline and format for the submission of progress reports and the specific criteria by which progress will be assessed.
7. Risks and Associated Mitigation Plan:
• Issue: There is no specific section dedicated to identifying potential risks and outlining mitigation strategies.
• Omission: The SLA should include a risk assessment section that identifies potential risks (e.g., delays, non-compliance) and how these will be mitigated.
8. Breach of Contract:
• Issue: The breach of contract clause in Clause 14 is not comprehensive enough. It mentions termination but does not specify the exact repercussions of a breach (e.g., penalties, legal action).
• Omission: There should be clear and detailed consequences for breaches of contract, including financial penalties, legal remedies, and steps for dispute resolution.
9. Contact Details:
• Issue: The SLA lacks contact details for key individuals responsible for executing the agreement on both sides.
• Omission: The SLA should include full contact details (name, position, phone number, email address) for the primary contacts from both parties.
10. Signatures:
• Issue: There is no mention of where the signatures should be placed or who exactly should sign the agreement on behalf of both parties.
• Omission: The SLA should include a signature section with spaces for the authorized representatives of both parties to sign and date the agreement, along with their titles.