AGREEMENT FOR THE TEMPORARY PLACEMENT OF EMPLOYEES

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: 

  1. The Client is desirous of engaging staff to fill the position of ………………. For a period of ……………………… 

 

  1. 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. 

 

  1. 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. 

 

  1. 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.

 

  1. 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. 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. Any annexures or schedules to this contract shall form an integral part of and be construed in accordance with this contract.
  2. Reference to any Party hereto shall, where the context admits, be deemed to include, as appropriate, its permitted successors, personal representatives or assigns.
  3. The headings in this contract are included for convenience only and shall not affect the interpretation or construction of this contract.
  4. Words denoting the singular shall include the plural and vice versa.
  5. Words denoting any gender shall include a reference to each other gender.

 

  1. DUTIES AND RESPONSIBILITIES OF PARTIES

The Service Provider shall; 

  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. Pay Assigned Employees’ wages and provide them with the benefits that the Service Provider has undertaken to provide. 
  3.  Pay, withhold, and transmit payroll taxes; provide unemployment insurance and workers’ compensation benefits; and handle unemployment and workers’ compensation claims involving Assigned Employees.
  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.
  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; 

  1. 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.

 

  1. 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.  

 

  1.  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. 

 

  1. 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. 

 

  1. Not change Assigned Employees’ job duties without Service Provider’s express prior written approval. 

 

  1.  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. 

 

  1. 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. 

 

  • CONSIDERATION 
    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. 

 

  1. 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. 

 

  1. 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. 

 

  1. 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.

 

  1. 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. 

 

  1. 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. 

 

  1. 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.

 

  • CONVERSION OF ASSIGNED EMPLOYEES TO PERMANENT STATUS 

 

  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. 

 

  1. 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. 

 

  • 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.  

  • CONFIDENTIALITY AND NON-DISCLOSURE 
    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. 
    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. 

 

  • 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. 

 

  • FORCE MAJEURE 
    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.

 

  1. 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.

 

  1. 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.

 

  • SEVERABILITY OF PROVISIONS
  • 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. 


  • 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.


  • WAIVER
    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. 

 

  1. 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.  

 

  • GOVERNING LAW AND DISPUTE RESOLUTION 
      1. This Agreement shall be governed by and construed in accordance with the laws and regulations of the State of Ohio.  
      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. 
  • 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.

 

  • ENTIRE CONTRACT
    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. 

 

  1. 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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