1. Identification of the Parties
The contract must include:
- full name / company name
- address
- tax identification number (if applicable)
2. Subject Matter of the Contract
Clearly define:
- the nature of the services
- the deliverables
- the objectives
Example: web development, design, content writing, consulting.
3. Duration of the Contract
- fixed-term or open-ended
- start and end dates
- renewal conditions
4. Remuneration
Specify:
- the amount (fixed fee or daily rate)
- payment method
- payment deadlines (e.g., 30 days)
Optional: late payment penalties.
5. Obligations of the Parties
- Freelancer: perform the services with due care and professionalism; meet deadlines; deliver work in accordance with agreed specifications.
- Client: pay on time; provide necessary information and resources.
6. Liability Clause
Under the Code of Obligations and Contracts:
Any act causing damage to another obliges the person responsible to compensate for such damage.
It is recommended to limit the freelancer’s liability and include liability caps and exclusions (e.g., force majeure).
7. Confidentiality Clause
Essential when dealing with:
- sensitive data
- internal projects
- business information
The freelancer must not disclose confidential information.
8. Intellectual Property
Specify ownership of the work and conditions of transfer.
Common practice: ownership is transferred to the client upon full payment.
9. Termination Clause
- termination conditions
- notice period
- possible compensation
10. Governing Law and Jurisdiction
- Tunisian law applies
- competent courts in Tunisia
