FRAMEWORK CONTRACT

CONTRACTNUMBER

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 cont_st_add, cont_pcode - cont_city, cont_country,
which for the purpose of the signature of this contract is represented by cont_legal_repr

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), if and when such services are
required by the ETF.
Article 2 - Duration of the Contract

1.

This Framework Contract (the Contract) shall enter into force for a period of one year upon the
signature of the Contract by both parties.

2.

At the expiry date the Contract will be automatically renewed for a further year unless one or
both of the parties terminates the Contract by means of two months written notice sent by
registered mail.

3.

The overall duration of the Contract shall not exceed four years.
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 this Contract
fulfils all legal obligations with respect to social security contributions, insurance and fiscal
regulations.

2.

The Contractor shall provide the administrative and logistical support necessary to carry out the
services to the highest professional standards.
Article 4 - Remuneration
In consideration for the performance by the Contractor of any services specified by the ETF in an
order form, the ETF shall pay the Contractor in accordance with article 5 at the rates set out in
Annex B.
Article 5 - Conditions of Payment

1.

Payments shall be made upon submission, to the address stated in Article 6, of signed invoices
or requests for payment presented in the format of Annex C (Model format for invoices or requests
for payment), accompanied by all original supporting documents or certified copies thereof (i.e.
copies bearing the stamp of the Contractor).

2.

Invoices or requests for payment shall correspond to work already performed. Payments shall
only be made if the work has been performed in accordance with the relevant order form and
subsequently approved as having been satisfactorily performed by the relevant technical
responsible official of the ETF.

1.

Contrary to point 2 above, the ETF, if requested by the Contractor, may pay an advance
payment prior to the performance of an activity. This will apply to lengthy or costly assignments.
The percentage of the advance payment will be clearly indicated in the order form.

5. Payments shall be made within 30 days of receipt of an invoice or request for payment, and shall
be deemed to have been made on the date on which the ETFs account is debited.
5.

6.

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.
Payments shall be made in EURO, into the following bank account:
Beneficiary:
Bank:
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account_name
bank_name
2

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Bank address:
Bank Account:

bank_address
account_number
Article 6 - 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
contract_name
contract_street_add,
contract_pcode - contract_city
contract_country
Tel: contract_tel
Fax: contract_fax
e-mail: contract_email
Article 7 - 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
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 8 - Revision of rates
From the beginning of the second year of the contract, prices may be revised upwards or
downwards each year, where such revision is requested in writing by one of the contracting parties.
In the event of failure to agree on a revised rate, the contract may be terminated by either party
with two months notice in accordance with Article 12.
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. An example of the VAT exemption certificate is enclosed as
Annex D to this contract. A completed certificate will accompany each order form under this
contract.

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Article 10 - Confidentiality and copyright

1.

The Contractor shall maintain professional secrecy in accordance with Annex E (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 this 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 this 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 this
contract and relating to damages caused to the Contractor, his employees or a third party, nor to
the 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
expiry date stated in Article 2 by serving two months written notice on the other party.

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 case 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 in the Contract, the ETF may terminate the
Contract at any time and without notice.
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.

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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:

Specifications
Contractors proposal
Model format for invoices or requests for payment
General Terms and Conditions applicable to contracts awarded by the ETF.
Example of Vat exemption certificate

2.

Any amendment to any part of this Contract must be agreed in writing and signed for each of
the parties by a duly authorised representative.

3.

Annex E 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 ............... 2006, and initialled on each page by
both parties.

For the Contractor

For the ETF
ETF_auth_off

legal_rep

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ANNEX A

SPECIFICATIONS

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ANNEX B

CONTRACTORS PROPOSAL

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ANNEX C

MODEL FORMATS FOR INVOICES OR REQUESTS FOR PAYMENT

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Contractors logo

INVOICE/REQUEST FOR PAYMENT1

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

TOTAL FINAL PAYMENT REQUESTED

The payment should be made into the following bank account 2:
Beneficiary:
Bank:
Bank address:
Bank Account:
Signed:

account_name_1
bank_name_1
bank_address_1
account_number_1
Date:

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.
2
The Foundation should be immediately notified of any change in the bank details.
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ANNEX D
EXAMPLE OF VAT EXEMPTION CERTIFICATE

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VAT EXEMPTION CERTIFICATE - ITALIAN COMPANIES

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VAT EXEMPTION CERTIFICATE - EU MEMBER STATE COMPANIES (EXCLUDING ITALY)

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ANNEX E
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 ETF during the
performance of the Contract. Under no circumstances
shall the Contractor or his staff become or be considered
to be integrated into the ETF's personnel.
2. If the Contractor is a natural person, he shall be required
to provide proof of his status as a selfemployed 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 ETF's request, replace
immediately and without compensation any member of his
staff considered unsuitable to be present on the premises
of the ETF.
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 ETF 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
ETF all information and documents in his possession
relating to the tasks assigned to him.
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 ETF.
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.

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2. The ETF 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
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.
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.
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
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 30day
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.
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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.

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_l
contractor_lr_l
contractor_sa_l,
contractor_pc_l - contractor_cty_l
contractor_country_l

2016
Dear contractor_LR2_l,
RE: SIGNATURE OF CONTRACT CONTRACTNUMBER2 - TITLE_L
We are pleased to inform you that your offer has been accepted for the provision of your
services for the above-mentioned activity.
You will find enclosed three copies of the contract stipulating the terms and conditions for our
cooperation. We ask you to sign all three copies, retain one copy for your files and return the
remaining two copies to the following address:
European Training Foundation
manag_officer_l
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,

auth_officer_l
Director

Enclosed:

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3 copies of contract