AGREEMENT FOR THE TEMPORARY PLACEMENT OF EMPLOYEES
This Temporary Placement Agreement, hereinafter referred to as “Agreement,” is
entered into and made effective as of the_____ day of _ 20___, by and
between the following parties:
BETWEEN
Kingsman Staffing LLC (herein after refer to as “Service Provider”) a limited liability company
organized and existing under the laws of the state of Ohio with its head office located at 810
Taylor Street, Elyria, Ohio 44035; and specializing in temporary staffing solutions for other
companies.
AND
_______________________________. (herein after refer to as “Client”) having
a primary address at the following: ________________________________, a
company in the business of …………………………… and in need of temporary staff/personnel to fill
the position of …………………………………………..
RECITALS:
i) The Client is desirous of engaging staff to fill the position of ………………. For a
period of ………………………
ii) The Service Provider is agreeable to provide the staffing service required by the
client herein based on the conditions and consideration that shall be further
elaborated in agreement.
iii) The Client acknowledges that the Service Provider is providing temporary
employees to perform under the Client’s supervision and direction. The Client shall
be responsible for the work and work product of these employees.
iv) The client shall not introduce any changes to the job or duties of any assigned
employee. If such Client desires to make a change to the assigned employee’s
duties, the Client shall issue prior written request and wait for approval.
v) Both parties now agree to be bound by the terms of this agreement.
NOW THEREFORE, in consideration of the promises and covenants contained herein, as well
as other good and valuable consideration (the receipt and sufficiency of which is hereby
acknowledged), the Parties do hereby agree as follows:
- DEFINITIONS AND INTERPRETATION
1.1. In this Contract, except to the extent expressly provided otherwise:
“Contract” means this Contract, and any amendments to this contract from time to
time;
“Effective Date” means the date of execution of this Contract;
“Proprietary or Confidential Information” includes, without limitation, (i) written or
oral contracts, business methods, business policies, computer retained information,
notes, or financial information among other related documents.
1.2. Any annexures or schedules to this contract shall form an integral part of and
be construed in accordance with this contract.
1.3. Reference to any Party hereto shall, where the context admits, be deemed to include,
as appropriate, its permitted successors, personal representatives or assigns.
1.4. The headings in this contract are included for convenience only and shall not affect
the interpretation or construction of this contract.
1.5. Words denoting the singular shall include the plural and vice versa.
1.6. Words denoting any gender shall include a reference to each other gender.
2.0. DUTIES AND RESPONSIBILITIES OF PARTIES
The Service Provider shall;
2.1. Recruit, screen, interview, and assign its employees (“Assigned
Employees”) to perform the type of work described by the Client,
complying with any requests that the Client may have regarding the
staffing role.
2.2. Pay Assigned Employees’ wages and provide them with the benefits that
the Service Provider has undertaken to provide.
2.3. Pay, withhold, and transmit payroll taxes; provide unemployment
insurance and workers’ compensation benefits; and handle
unemployment and workers’ compensation claims involving Assigned
Employees.
2.4. Require and facilitate Assigned Employees to sign agreements that shall
be provided by the Service Provider acknowledging that they are not
entitled to holidays, vacations, disability benefits, insurance, pensions, or
retirement plans, or any other benefits offered or provided by Client.
2.5. Require Assigned Employees to sign confidentiality agreements that shall
be provided before they begin their assignments at the Client’s
premises/job.
The Client shall;
2.6. Properly supervise Assigned Employees and ensure that they are
performing their work efficiently. Further, the client shall be responsible
for the assigned employee’s compliance with its business operations,
products, services, and intellectual property.
2.7. Properly supervise, control, and safeguard its premises, processes, or
systems, and not allow Assigned Employees to operate or engage in any
task that they are not expressly authorized to engage.
2.8. The Client shall not delegate duties relating to unattended premises,
cash, checks, keys, credit cards, merchandise, confidential or trade
secret information, negotiable instruments, or other valuables to assigned
employees without the Service Provider’s express prior written approval
or as strictly required by the job description provided to the Service
Provider. The Service Provider shall not be responsible for any liability
that may arise from such instances.
2.9. Provide Assigned Employees with a safe work site and provide appropriate
information, training, and safety equipment with respect to any
hazardous substances or conditions to which they may be exposed at the
work premises.
2.10. Not change Assigned Employees’ job duties without Service Provider’s
express prior written approval.
2.11. Exclude Assigned Employees from CLIENT’s benefit plans, policies, and
practices, and not make any offer or promise relating to Assigned
Employees’ compensation or benefits.
2.12. Provide timesheets indicating hours worked on all assigned employees,
which shall be kept and shall be availed to the Service Provider at the
end of each week; unless otherwise agreed.
3.0. CONSIDERATION
3.1. The Service provider shall bill the Client $ 50 per hour, which hourly bill
rate shall include the hourly salary of the employee, all employer
payroll taxes including FICA, federal employment insurance, W-2 and W-4
forms, workers compensation, and Kingsman Staffing fees, including all
Kingsman Staffing compliance with all provisions of the Affordable Care
Act application to temporary employees assigned to you.
3.2. The Client agrees to a $500 non-refundable service fee for work rendered
by the Service Provider. The Client further agrees that a late fee of 5%
will be added every week after the invoice due date.
3.3. Notwithstanding clause 2.2, the Service Provider shall be at liberty
Option to waive fee for promotional reasons. Such waiver shall be at the
sole discretion of the Service Provider and the Client has no right to a
waiver of fees.
3.4. The service provider shall invoice the Client on Friday or Monday,
depending on the convenience of both parties, and all wages due from
the Client to the Service Provider for work completed will be due every
Wednesday.
3.5. Notwithstanding clause 2.2., if the client qualifies for the 30-day net pay,
the payments owed to the Service Provider shall be due every 30 days for
each week of service. This shall be the case each week, guaranteed by
this contract.
3.6. The Client agrees that overtime shall be billed at one and a half times
the normal rate, the bill rate for any hours worked over 40 hours during a
workweek. A four-hour minimum billing will be incurred if the assigned
employee is en route to a job or arrives on a specific day and is not
utilized.
3.7. The Client shall communicate clearly to the Service Provider as to
whether or not they intend to pay the assigned employees during
holidays. If the Client intends to pay the assigned employee during
holidays, they shall clearly outline the rates to the Service Provider to
enable effective communication to the assigned employee.
4.0. CONVERSION OF ASSIGNED EMPLOYEES TO PERMANENT STATUS
4.1. The Service Provider may facilitate the transition of the assigned
employee to permanent status at no extra cost to the Client, if such
employee has worked for a minimum of three months for the client.
4.2. Should the Client wish to hire the assigned employee on a permanent
basis before three months have lapsed, the Client shall call or email the
Service Provider for pricing information.
5.0. INTELLECTUAL PROPERTY
Nothing in this contract shall enable or permit either party to acquire any equity or propriety
right, title, exclusive rights or interest in or to any of the other party’s Intellectual property.
6.0. CONFIDENTIALITY AND NON-DISCLOSURE
6.1. The Parties shall maintain the confidentiality of all the confidential affairs
and/or information of each other and shall not disclose such information to a
third party without the express consent of that party.
6.2. Each party’s Proprietary or Confidential Information shall remain the sole and
exclusive property of that party. The parties agree that in the event of use or
disclosure by the other party other than as specifically provided for in this
agreement; the non-disclosing party may be entitled to equitable relief.
7.0. TERM AND TERMINATION
This contract shall come into force and effect on the Effective Date and shall remain
effective for as long as the Service Provider is providing the Client with Assigned unless
parties otherwise agree to fundamentally alter the terms herein.
8.0. FORCE MAJEURE
8.1. In this Section “Force Majeure” shall mean any event beyond the reasonable control of
the Parties, and which is unavoidable notwithstanding the reasonable care of the party
affected, and shall include but not be limited to war, insurrection, riot, civil unrest,
sabotage, boycott, embargo, explosion, fire, earthquake, flood, unavoidable accident,
epidemic, act of God, action or inaction of any governmental official or agency (civil or
military) and refusal of any licences or permits, if properly applied for.
8.2. If either Party is prevented from or delayed in performing any of its obligations under
this contract by an event of Force Majeure, then it shall notify the other in writing of
the occurrence of such event and the circumstances thereof within fourteen (14) days
after the occurrence of such event.
8.3. The Party who has given such notice shall be excused from the performance or
punctual performance of its obligations under this contract for so long as the relevant
event of Force Majeure continues and to the extent that such Party’s performance is
prevented or delayed. The occurrence of any event of Force Majeure affecting either
party shall not give rise to any claim for damages or additional costs and expenses
suffered or incurred by reason of Force Majeure.
9.0. SEVERABILITY OF PROVISIONS
9.1. If any provision or part-provision of this Agreement is or becomes invalid, illegal or
unenforceable, it shall be deemed modified to the minimum extent necessary to make
it valid, legal and enforceable. If such modification is not possible, the relevant
provision or part-provision shall be deemed deleted. Any modification to or deletion of
a provision or part-provision under this Clause shall not affect the validity and
enforceability of the rest of this contract.
9.2. If one Party gives notice to the other of the possibility that any provision or part-
provision of this contract is invalid, illegal or unenforceable, the Parties shall negotiate
in good faith to amend such provision so that, as amended, it is legal, valid and
enforceable, and, to the greatest extent possible, achieves the intended commercial
result of the original provision.
10.0. WAIVER
10.1. Failure by either party to enforce any provision of this contract will not
constitute a waiver or affect its right to require the future performances thereof, nor
will its waiver of any breach of any provision of this contract constitute a waiver of any
subsequent breach or nullify the effectiveness of any provision.
10.2. No waiver will be binding unless made in writing and signed by the party
making the waiver and specifically stating that it waives a provision of this Agreement.
11.0. GOVERNING LAW AND DISPUTE RESOLUTION
11.1. This Agreement shall be governed by and construed in accordance with the
laws and regulations of the State of Ohio.
11.2. Any dispute arising out of or in connection with this Agreement shall be settled
amicably by the parties in good faith by whatever means the parties deem appropriate.
If the parties cannot themselves resolve any such dispute between them within 30 days
from the time the dispute arose, initial resort shall be had to private conciliation or
mediation in a form agreed by the parties. If within sixty (60) days after the dispute has
arisen a satisfactory private conciliation or mediation process has not been agreed upon
by the parties, or if within ninety (90) days after the dispute has been submitted for
private conciliation or mediation it has not been resolved to the satisfaction of the
parties, then the dispute may be submitted for final and conclusive resolution to the
court.
12.0. NON-ASSIGNMENT
Neither this contract nor any rights or obligations hereunder shall be assigned by either party
hereto (other than by operation by law) without the prior written consent of the other party.
13.0. ENTIRE CONTRACT
13.1. This Agreement constitutes the entire understanding and agreement between
the Parties. This Agreement may not be modified except in a writing signed by the
Parties and expressly referencing this Agreement.
13.2. This Agreement may not be amended or modified except by a written
instrument signed by both parties and identified as an amendment to this contract.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed in
duplicate, each of which shall be considered an original, by themselves/respective signatory
officials thereunto duly authorized as of the day and year first above written.
This agreement is signed and bonded to via PandaDoc Below.
THE UNDERSIGNED HAS READ, FULLY UNDERSTOOD AND BY SIGNING BELOW, ACCEPTED
THE TERMS OF THIS AGREEMENT
KINGMAN STAFFING LLC _____________
Company Company
Representative Representative
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