This Agreement (“Agreement”) is entered into on this _____ Day of ______________ 20___ (“Effective Date”) between ___________________________________(The Staffing Firm) whose Principal address is P.O Box __________,Linden, New Jersey and _________________________ (The Business) whose principal address is P.O. Box ________.
The Staffing Firm and the Business shall collectively be referred to as the “Parties,” or individually as the “Party,” and this shall include that Party’s successors and assigns
In consideration of the mutual promises and covenants contained herein, and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the parties hereby agree as follows:
1.1. This Agreement shall be valid from the Effective Date until termination.
1.2. The Agreement is intended by the Parties to be in force for a duration of 1 year (12 months).
1.3. After the lapse of the initial one-year duration, the Business will have the option of taking up the employee as their own in effect terminating that employee’s contract with the Staffing Firm. However, this transfer shall be subject to entering into a new and seperate contract for employee transfer between the Staffing Firm and the Business.
2. SERVICES AND WORKS
2.1. The Staffing Firm shall make available to the Business the services of _____________ which shall be offered by an agreed upon employee/employees of the Staffing Firm for a duration of one year.
2.2. The said employee(s) shall perform any other incidental responsibilities as may from time to time be assigned by the Business.
2.3. The Staffing Firm agrees that the said employee(s) shall perform their services faithfully and diligently as per this Agreement, to the reasonable satisfaction of the Contractee and per the accepted industry standards.
3.1. In consideration of the provision of the Services and Works, the Business agrees to
pay the Staffing Firm fees in the amount of 16.50 USD per hour for a duration of 80 hours every two weeks.
3.2. The amount of 16.50 USD per hour shall be calculated as follows: 15 USD/hr shall be paid to the employee as remuneration while the Staffing firmshall receive 1.50 USD/hr or 10% of total fees as Commission.
3.3. The payments shall fall due at the end of each month and shall be paid into the Staffing Firms Bank Account whose details are _______________________.
4.1. It is understood that the employee(s) shall serve at the pleasure of the Business.
4.2. The Business shall be responsible for supervising and evaluating all aspects of the employee’s performance of their duties. The employee shall report directly to the Business.
4.3. The Staffing Firm represents and agrees that the said employee is an employee of the Firm and that amounts payable to the Firm by the Business are not subject to employee withholding for federal, social security, state, or local taxes.
4.4.The Staffing Firm agrees that the employee shall be eligible to participate in such major medical or health benefit plans, pensions, 401k plans, stock option plans, transition pay plans, and other benefits as are available generally to employees of the Firm, to the extent available to the employee under the terms of any such plans, that said employee would be eligible for paid time off in accordance with the terms outlined in the Firm’s Paid Time Off Policy or successor policy, that all taxes and other legally required payments, any insurance required by law with respect to the employees’ employment with the Firm, and all benefits to be provided to the employee shall be the Firms’ sole responsibility and further agrees to assume all employer obligations imposed by applicable law on Firm with respect to the employee.
4.5. The Staffing Firmshallcomply with all applicable laws and regulations governing its employment of the employee.
4.6. Nothing in this Agreement shall constitute a partnership between the Staffing Firm and the Business or constitute any one of them as agent of any other for any purpose whatever.
5. PROVISION OF OFFICE SPACE AND EXPENSES
The Business agrees to provide to the employee, at its sole expense, suitable office space in its offices; reasonable administrative support; supplies and equipment necessary for the performance of their duties.
6. INTELLECTUAL PROPERTY
The Staffing Firm agrees that any intellectual property and associated rights owned, discovered, or developed by the employee, solely or jointly with others, in connection with their services performed under this Agreement, shall constitute works for hire and shall automatically, upon their creation or discovery, become the exclusive property of the Business.
No Party may assign, transfer, or sub-contract all or any of its rights or obligations under this Agreement.
In no event will the Staffing Firm be liable to the Business for loss of profits, loss of revenues, loss of Business, or any indirect, incidental, special, exemplary, punitive, or other consequential damages, whether under tort, contract, or other theories of recovery, caused by the employee’s services.
9.1. All non-public, confidential, or proprietary information of the Business whether disclosed to the employee orally or disclosed/accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential” in connection with this contract is confidential, solely for the use of performing this contract and may not be disclosed or copied unless authorized in advance by the Business in writing.
9.2. This section does not apply to information that is:
In the public domain;
Known to Recipient Party at the time of disclosure, or ;
Rightfully obtained by Recipient Party on a non-confidential basis from a third party.
9.3.This Agreement is confidential and cannot be divulged to third parties by a Party, unless as provided by law, without the written consent of the other Party.
10.1. For the duration of this Agreement, and subsequently after termination of this Agreement, the Staffing Firm shall not interfere with the Businesses relationship with, or endeavor to entice away from the Business its customers; any officer; director; employee; or any person who had a material business relationship with the Business in the duration of this Agreement.
10.2. The Staffing Firm further undertakes not to offer any services or works in the field of ________________________(the “Business”) or to directly or indirectly solicit any customer to terminate or modify their relationship with the Business or to move their relationship to any competitor who is in the same line of Business as the Business and who provides products and services substantially similar to those offered by the Business.
11. FORCE MAJEURE
11.1. For this Agreement, “Force Majeure” means an event which a diligent party could not have reasonably avoided in the circumstances, which is beyond the control of a party and includes, but is not limited to, war, riots, civil disorder, earthquake, storm, flood or adverse weather conditions, strikes, lockouts or other industrial action, terrorist acts, confiscation or any other action by government agencies.
11.2. A Party’s failure to fulfill its obligations due to Force Majeure shall not be considered a breach of this Agreement, provided that the Party has taken all reasonable precautions, due care, reasonable alternative measures, and minimal delay to carry out the terms of this Agreement.
12.1 Notices and other communications given or made in connection with this Agreement shall be in writing and shall be deemed given:
Two (2) days after being sent by express, registered or certified mail; or
One (1) business day after being sent by overnight courier; or
On the same business day, if sent by facsimile addressed to the Party at its address set out above or its email as may be provided at any point.
12.2 However, notices for termination of contract shall be issued at least 14 days in advance in any of the methods described above
13.1. Either Party may terminate this Agreement at any time upon giving the requisite notice. (See Clause 14.2)
13.2. The termination of this Agreement shall not discharge the liabilities accumulated by either Party.
13.3.The terminating Party shall give reasons for the termination.
14. WARRANTIES AND REPRESENTATIONS
The Staffing Firm disclaims all warranties, whether express, implied, or statutory, as to any aspect of the services to be provided hereunder.
15. DISPUTE RESOLUTION
Parties agree to settle disputes under this Agreement through Mediation in the first instance.
16. PARTIES’ ACKNOWLEDGMENTS
The Parties acknowledge that they have been provided with the opportunity to negotiate this Agreement and to seek legal counsel before signing this Agreement. In addition, they acknowledge that they have the capacity to contract and enter into this Agreement and that further, they have entered into this Agreement freely and voluntarily.
17. GENERAL PROVISIONS
This Agreement may be amended only by the written consent of the Parties hereto.
If any provision under this contract is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision.
This Agreement constitutes the entire Agreement between the Parties. It supersedes all prior oral or written agreements or understandings between the Parties concerning the subject matter of this Agreement. The parties will exercise utmost good faith in the execution of this Agreement.
Unless otherwise provided, failure by either Party to enforce any of the terms or conditions of this Agreement shall not be a waiver of their right to enforce the terms and conditions of this Agreement.
This Agreement may be executed in any number of counterparts, each of which shall be an original and all of which constitute the same instrument.
The Article and Section headings in this Agreement are for convenience, and they form in no way part of this Agreement and shall not affect its interpretation.
Any references herein to the masculine gender or the masculine form of any noun, adjective, or possessive shall be construed to include the feminine or neuter gender and form, and vice versa.
This Agreement shall be governed in all respects by the laws of the State of New Jersey and its Courts without regard to its conflict of law provisions.
IN WITNESS WHEREOF, each of the Parties has executed this Agreement, as of the day and year set forth below.
Signed by the duly authorized representative of the BUSINESSSignature :Name:Date:…………………………………………….……
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